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United States v. Davis Wire Corp.

October 26, 2010

UNITED STATES OF AMERICA
v.
DAVIS WIRE CORPORATION SOCIAL SECURITY NO. NONE (LAST 4 DIGITS)



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. Oct 26 2010

X WITH COUNSEL Brandon J. Roker, Esq. and Jim Hillebrandt, President & CEO of Defendant

(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 GUILTY, defendant has been convicted as charged of the offense(s) of: NEGLIGENT DISCHARGE OF POLLUTANTS INTO A PUBLICLY-OWNED TREATMENT WORKS in violation of 33 U.S.C. Section 1311 (a), 1317 (d) and 1319 (c)(1)(A) as charged in the Single Count 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 DEFENDANT, DAVIS WIRE CORPORATION, IS SENTENCED AS FOLLOWS ON THE SINGLE COUNT INFORMATION UNDER THE FOLLOWING TERMS AND CONDITIONS:

Defendant shall pay a criminal fine of $25,000.00.

Payment of the criminal fine shall be made by a cashier's check payable to the Clerk of the United States District Court, within ten days.

Defendant shall pay restitution in the total amount of $1,500,000.00 to the County Sanitation District No. 2 of Los Angeles County for losses and costs incurred resulting from the damage to the Sunset Avenue Trunk Sewer Line.

Defendant shall provide a copy of the check or other instrument by which Defendant satisfied the restitution obligation to the Clerk of the United States District Court at the following address: 312 North Spring Street, Room 529, Los Angeles, California 90012.

IT IS ORDERED THAT DEFENDANT, IN ACCORDANCE WITH THE TERMS OF THE PLEA AGREEMENT, SHALL PAY TO THE UNITED STATES A SPECIAL ASSESSMENT OF $125.00, WHICH IS DUE IMMEDIATELY.

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 permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Clerk, U.S. District Court

MARINE POGOSYAN Filed Date Deputy Clerk

October 26, 2010 By

The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician; the defendant shall not frequent places where controlled substances are illegally sold, used, distributed or administered;

10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;

11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;

12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;

13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;

14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to ...


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