JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 06 30 2010
X WITH COUNSEL William R. Mitchelson, Jr., Retained
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of:
Making False Statements in a Matter Within the Jurisdiction of a Federal Agency; Aiding and Abetting and Causing an Act to be Done in violation of 18 U.S.C. § 1001, 2(a), 2(b) as charged in the Single-Count Sixth Superseding 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:
The defendant shall pay to the United States a special assessment of $50, which is due immediately. This special assessment of $50 is to be paid from the cash deposit previously posted by the defendant.
Pursuant to Section 5E1.1(b) of the Sentencing Guidelines, defendant is not ordered to pay restitution because: (a) determining restitution would complicate or prolong the sentencing process to a degree that the need to provide restitution is outweighed by the burden on the sentencing process, especially as the number of potential victims with claims in this matter could exceed 350,000; (b) without any waiver of jurisdictional claims, defenses, or arguments under the French Civil Code by defendant, the district court in the related civil cases of John Garamendi v. Altus Finance S.A., et al., No. CV 99-2829-AHM(CWx), Sierra National Insurance Holdings, et al. v. Credit Lyonnias S.A., et al., No. CV 01-1339-AHM(CWx), and State of California ex rel. Rono, LLC v. Altus Finance S.A., et al., No. CV 01-8587-AHM(CWx), is in much better position than the United States Probation Office and the Court in this criminal proceeding to determine which parties, if any, are entitled to recover in this matter and in what amounts; (c) any amount of restitution defendant could reasonably be ordered to pay would be negligible in comparison to the amount of potential claims in this matter; and (d) the cost of distributing any restitution defendant could reasonably be ordered to pay would likely exceed the amount of such restitution.
Based on an offense level of 8, the applicable fine range is $1000 to $10,000. The court, however, upwardly departs and orders that the defendant shall pay a criminal fine of $250,000, with said criminal fine immediately due and payable. This fine is imposed, pursuant to section 5E1.2(d) of the guidelines, to ensure that the fine, taken together with other sanctions, is punitive. Pursuant to the plea agreement between the parties, the $250,000 that GILLE has previously posted with the court, as security for his appearance shall be applied to pay the criminal fine.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Francois Gille, is hereby placed on probation on the single-count sixth superseding information for a Five (5) 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;
Defendant shall not commit any federal, state, or local felony offense;
Defendant shall not knowingly violate, aid and abet the violation of, or cause the violation of any provision of the Bank Holding Company Act, 12 U.S.C. § 1841, et seq., or implementing regulations or guidelines, relating to the prohibited ownership or control, direct or indirect, of any United States nonbanking entity; and
Defendant shall not enter the United States at any time during the three-year period beginning immediately upon defendant's return to France following his sentencing, provided, however, that defendant may petition the United States Attorney's Office and the appropriate federal immigration authorities for permission to enter the United States during his three year term of banishment but only: (a) to appear as a witness in the Civil Actions or at the request of the Board of Governors of the Federal Reserve System in connection with any investigation or proceeding by it; or
(b) for humanitarian reasons, such as to obtain essential medical treatment not otherwise available to him or a close family member.
Defendant is informed of his limited ...