The opinion of the court was delivered by: George H. King, 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. 08 30 2010
Y WITH COUNSEL JOHN VANDEVELDE, RETAINED
Y GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a finding of Y GUILTY, defendant has been convicted as charged of the offense(s) of: PAYMENT OF KICKBACKS FOR PATIENT REFERRALS, CAUSING AN ACT TO BE DONE; in Violation of TITLE 42 U. S. C. § 1320a-7b(b)(2)(A), 18; U.S.C. 2(b); as charged in Counts 3 and 6 of the 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:
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 $4,108,779.00 pursuant to 18 U.S.C. §3663. The amount of restitution shall be paid to the victims listed in the confidential Presentence Report.
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 $200 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.
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. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
The defendant shall be held jointly and severally liable with co-participants Estill Mitts (Docket No. CR 08-904); Robert Bourseau and Dante Nicholson (Docket No. CR 09-087); and Richard Massey (Docket No. CR 08-264) 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.
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.
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
TWENTY-FOUR (24) MONTHS. This term consists of 24 months on each of Counts 3 and 6 of the Indictment, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term consists of 3 years on each of Counts 3 and 6, all such terms to run concurrently 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 apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any other anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall cooperate in the collection of a DNA sample from the defendant.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future
Upon motion of the government, all remaining counts are ordered dismissed.
It is ordered that the defendant shall surrender himself to the facility designated by the Bureau of Prisons on or before 12 noon, December 6,
. In the absence of such designation the defendant shall report on the same date and time to the U. S. Marshal of this District, located at 312 N. Spring St., Los Angeles, CA 90012. that the defendant be designated to the Camp at Lompoc.
Bond is ordered exonerated upon surrender. Notwithstanding the foregoing, the CASH portion of the bond SHALL remain in the registry of the Clerk of the Court until further order of the Court.
Defendant waives his right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period ...