The opinion of the court was delivered by: John F. Walter, 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. July 12 2010
x WITH COUNSEL Hayne Yoon , DFPD
x GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO
There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Mail Fraud in violation of 18 U.S.C. § 1341, Enhanced Penalties for Telemarketing Fraud in violation of 18 U.S.C. § 2326(1), Aiding and Abetting and Causing an Act to Be Done in violation of 18 U.S.C. § 2 [Counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10]; and Wire Fraud in violation of 18 U.S.C. § 1343, Enhanced Penalties for Telemarketing Fraud in violation of 18 U.S.C. § 2326(1), Aiding and Abetting and Causing an Act to Be Done in violation of 18 U.S.C. § 2 [Counts 11, 12, 13, 14, 15, 16] as charged in the Redacted Indictment filed on April 21, 2010.
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:
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Henry Anekwu, is hereby committed on Counts one through 16 of the redacted indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 108 months.
This term consists of 78 months on each of counts one through six and counts eleven and twelve, and 108 months on each of counts seven through ten and thirteen through sixteen, all such terms to be served concurrently.
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 one through 16, all such terms to run concurrently under the following
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
The defendant shall not commit any violation of local, state or federal law or ordinance.
During the period of community supervision the defendant shall pay the special assessment in accordance with this judgment's orders pertaining to such payment;
The defendant shall not engage, in whole or partial owner, employee, associate or otherwise, in any business involving telemarketing activities or any other business involving the solicitation of funds or cold-calls to individuals 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 cooperate in the collection of a DNA sample from the defendant; and
The defendant shall comply with the rules and regulations of the Bureau of Immigration and Customs Enforcement (ICE), and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of court-ordered supervision, the defendant shall report for instructions to the United States Probation Office located at the United States Court House, 312 North Spring Street, Room 600, Los Angeles, California.
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.
It is ordered that the defendant shall pay to the United States a special assessment of $1,600, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $510,840.75 pursuant to 18 U.S.C. §§ 2327
Restitution shall be paid according to the confidential victim list prepared by the probation office. The victims list, which shall be forwarded from the Probation Office to the fiscal section of the clerk's office, shall remain confidential
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.
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 ...