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United States v. Green

September 9, 2010

UNITED STATES OF AMERICA
v.
GERALD GREEN SOCIAL SECURITY NO. 3355 (LAST 4 DIGITS)



The opinion of the court was delivered by: George H. Wu, U. S. 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. 08/12/2010

U WITH COUNSEL Jerome H. Mooney, Retained

(Name of Counsel)

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

NOT CONTENDERE GUILTY

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

18 U.S.C. § 371: CONSPIRACY TO VIOLATE THE FOREIGN CORRUPT PRACTICES ACT; 15 U.S.C. § 788dd-2(a)(1),(g)(2)(A): FOREIGN CORRUPT PRACTICES ACT AND AIDING AND ABETTING; 18 U.S.C. § 1956(a)(2)(A): TRANSPORTATION PROMOTION MONEY LAUNDERING AND AIDING AND ABETTING AS CHARGED IN THE SECOND SUPERSEDING 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: Six (6) Months.

It is ordered that the defendant shall pay to the United States a special assessment of $1,700, which is due immediately.

It is ordered that the defendant shall pay restitution in the amount of $250,000.00 pursuant to 18 U.S.C. § 3663A, jointly and severally with co-defendant Patricia Green. Defendant may have restitution reduced if request to this Court is made. Upon being released from imprisonment, defendant is ordered to pay $50.00 per month toward restitution unless the U.S. Probation Office indicates monthly payment is unreasonable or

All fines are waived as it is found that the defendant does not have the ability to pay.

The court finds that the property specified in the preliminary order of forfeiture has been determined to be subject to forfeiture.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Gerald Green, is hereby committed on counts one through seventeen of the Second Superseding Indictment to the custody of the Bureau of Prisons for a term of six (6) months. This term consists of 6 months on each of Counts 1 through 17 of the Second Superseding Indictment, 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 seventeen of the Second Superseding Indictment, all such terms to run concurrently under the following terms

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;

The defendant shall participate for a period of 6 months in a home detention program which may include electronic monitoring, GPS, or voice recognition and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

The defendant shall pay the costs of home confinement monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

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 truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order;

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;

As directed by the Probation Officer, the defendant shall provide to the Probation officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns and a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting ...


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