JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 07 07 2010
X WITH COUNSEL Hayne Yoon, DFPD
GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding of X GUILTY, defendant has been convicted as charged of the offense(s) of:
Conspiracy to Defraud the Government with Respects to Claims in violation of 18 U.S.C. § 286 as charged in the Single-Count Indictment.
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 $100, which is due immediately.
The defendant shall pay restitution in the total amount of $179,037 pursuant to 18 U.S.C. § 3663A.
Defendant shall pay restitution in the total amount of $179,037 to victim(s) 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 $50 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 ordered.
The defendant shall be held jointly and severally liable with co-participants, Christopher Edwards and Asha Lenard (Docket No. CR-08-00228) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
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.
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.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Anthony Pendleton, is hereby committed on the Single-Count Indictment to the custody of the Bureau of Prisons to be
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) 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 be employed nor shall he participate in any manner in any capacity directly or indirectly in the preparation of federal, state or local tax returns without the express approval of the Probation Officer prior to engagement in such employment. Further, in the event the defendant becomes employed in the business of tax preparation he shall provide the Probation Officer with the access to any and all business records, client lists and other records pertaining to the operation of such business owned, in whole or in part, by the defendant, as directed by the Probation Officer;
The defendant shall report to his probation officer any contemplated employment in any position in any business involved with the preparation of tax returns in a capacity that requires licensing and/or ...