The opinion of the court was delivered by: U. S. District Judge, Gary Allen Feess
SECOND AMENDED JS-3 (ORIGINAL SENTENCING DATES 4/19/10, 06/14/10)
Stuart Howard W olff (Last 4 digits)
Social Security No. 0 9 8 4
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 12 03 2010
X WITH COUNSEL Daniel Rubinstein/John Gibbons, Retained
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: CONSPIRACY in violation of 18 U.S.C. Section 371 as charged in Count 1 of the 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, Stuart Wolff, is hereby committed on Count 1 of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of fifty-four (54) months.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.
Defendant is ORDERED pay restitution in the aggregate amount of $11,900,462.35 in accordance with the terms set out in the Final Judgment of Permanent Injunction and Other Relief Against Stuart H. Wolff, Consent of Stuart H. Wolff to Final Judgment of Permanent Injunction and Other Relief, and the Security and Pledge Agreement ("Final Judgment") filed in the SEC enforcement action (05-CV-3132-SVW);
IT IS FURTHER ORDERED that any and all payments made pursuant to the terms of the Final Judgment, and any and all payments that may be made to victims of the charged offense as part of any settlement reached in a related civil class action case, be credited toward the aggregate restitution due ($11,900,462.35); and,
No fine be imposed given the restitution order being entered.
The defendant shall comply with General Order No. 01-05.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 318;
2. During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment; and,
3. The defendant shall cooperate in the collection of a DNA sample from the defendant.
It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on June 21, 2010. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.
The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.
Defendant informed of his right to appeal.
On the Government's motion, all remaining counts of the underlying ...