The opinion of the court was delivered by: Andrew J. Guilford U. S. District Judge
AMENDED THIS DATE TO REFLECT RULINGS MADE AT RESTITUTION HEARING
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 07/20/2010
X WITH COUNSEL C. Thomas McDonald, Appt.
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: Bank Fraud, Aiding and Abetting, in violation of 18 USC §1344, 2 as charged in Count 1 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 $100, which is due
It is ordered that the defendant shall pay restitution in the total amount of $527,565.57 under 18 USC §3663A. The amount of restitution ordered shall be paid as follows: Victim: Washington Mutual Bank, Amount" $236,435.70; Victim: Bank of America, Amount $269,986.41; Victim: Wells Fargo Bank, Amount: $21,143.46. An initial payment of $2,500 is ordered paid immediately.
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 restitutuion remains unpaid after release from custody, nominal monthly payments of at least $150 per month 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. 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.
The defendant shall be held jointly and severally liable with co-participants Brandon Che Lee, Hae Joo Lee, Ha Lim Jeon and Pyong Chae. (Docket No. SACR 07-207-AG) 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 restition ceases if and when the victims receive full restitution.
Pursuant to 18 USC §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
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, Sam Byung Kim, is hereby committed on Count One of the indictment to the custody of the Bureau of Prisons to be imprisoned
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five 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;
The defendant shall comply with the immigration rules and regulations of the United States, 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, 411 West Fourth Street, Suite 4170, Santa Ana, California;
The defendant shall not be employed in any business that involves merchant teller or credit card transactions; nor shall the defendant be employed in any business where he has access to any form of personal identification or access device, without prior written approval of the Probation Officer;
The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport, or any other form of identification in any name other than the defendant's true legal name; nor shall the defendant use for any purpose or in any manner any name other than his true legal name or names without the prior written approval of the Probation Officer;
During the period of community supervision the defendant shall pay the special assessment, restitution and/or fine in accordance with this ...