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United States v. Lipton

August 5, 2010

UNITED STATES OF AMERICA
v.
1) JOHN S. LIPTON SOCIAL SECURITY NO. 3148 (LAST 4 DIGITS)



The opinion of the court was delivered by: Dale S. Fischer, United States District Judge

JUDGMENT AND PROBATION/COMMITMENT ORDER

MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person on this date.

08/02/2010

X WITH COUNSEL Mark S. Windsor, Appointed

(Name of Counsel)

X GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO CONTENDERE NOT GUILTY

There being a finding/verdict of X GUILTY, defendant has been convicted as charged of the offense(s) of:

18 U.S.C. 371: Tax Fraud Conspiracy - Count 68 of the Indictment; 26 U.S.C. 7201: Attempted Tax Evasion - Supplemental Information 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, John S. Lipton, is committed on Count 68 of the Indictment and the single-count supplemental information to the custody of the Bureau of Prisons to be imprisoned for a term that has already been served. The Court finds that defendant shall be given credit for time served in Costa Rica.

Defendant shall be placed on supervised release for a term of three years on each of Count 68 of the indictment and the supplemental information, both terms to be served 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 and 05-02;

During the period of community supervision the defendant shall pay the special assessment and any restitution that may be ordered in accordance with this judgment's orders pertaining to such payment;

The defendant shall perform 360 hours of community service, as directed by the Probation Officer;

The defendant shall cooperate in the collection of a DNA sample from the defendant; and

The defendant shall cooperate with the payment of all delinquent federal and state taxes, and any related penalties and interest thatmay be imposed. The defendant shall truthfully and timely file and pay taxes during the period of community supervision. The defendant shall show proof to the Probation Officer of compliance with this order. All sums paid by defendant (or any co-participant listed below) as delinquent federal taxes, penalties, or interest shall be credited toward that individual's restitution obligation, as well as the joint obligation.

The defendant shall apply monies received from any income tax refunds, stimulus or other payments, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant shall notify the Court and the Probation Officer within thirty days of any material change in his economic circumstances that might affect his ability to pay restitution.

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $2,915,427.16 pursuant to 18 U.S.C. § 3663A to the victim 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. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential.

Nominal monthly payments of at least $200 shall be made during the period of supervised release. These payments shall begin 60 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 ...


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