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United States v. Banares

November 22, 2010

UNITED STATES OF AMERICA
v.
ELIZABETH BANARES SOCIAL SECURITY NO. 9 3 9 8 ELIZABETH UNIZA BANARES; ELIZABETH CRUZ UNIZA; ELIZABETH UNIZXA BANARES (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. 11 22 2010

X WITH COUNSEL Edward Anthony Esqueda - Retained

(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 of X GUILTY, defendant has been convicted as charged of the offense(s) of:

Health Care Fraud in violation of 18 U.S.C. 1347,2 as charged in the Counts 1, 2, 3, 4, and 5 of the 5 Count Information .

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: 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:

Twelve (12) months on Counts 1 through 5 of the Information. This term consists of 12 months on each of Counts 1 through 5 of the Information, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for three (3) years. This term consists of three years on each of Counts 1 through 5, all such terms to run concurrently under the following terms and

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

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 not engage, as whole or partial owner, employee or otherwise, in any business involving medical clinic management or any other business involving medical billing without the express approval of the Probation Officer prior to engagement in such employment. Further, 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;

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

The defendant shall apply all monies 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 anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.

It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due immediately.

It is ordered that the defendant shall pay restitution in the total amount of $1,489,891.46 pursuant to 18 U.S.C. §

Defendant shall pay restitution in the total amount of $1,489,891.46 to victims 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 to each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.

It is ordered that the defendant shall pay an immediate payment toward restitution in the amount of $179,700, which is

The balance 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, monthly payments of at least $5,000 or at least 10 % of the defendant's gross monthly income, whichever is greater, shall be made during the ...


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