The opinion of the court was delivered by: District Judge Manuel L. Real
Residence: N/A Mailing: SAME
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: JANUARY 10, 2011
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL Myra Sun DFPD XX PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Health Care Fraud, Aiding and Abetting and Causing an Act to be Done in violation of Title 18 USC 1347,2 as charged in count 24 of the indictment.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
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
the defendant is hereby committed to the Bureau of Prisons to
be imprisoned for a term of:
Twenty-seven (27) months.
IT IS FURTHER ADJUDGED that upon release from imprisonment defendant shall be placed on supervised release for three (3) years, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02; 2) shall refrain from any unlawful use of a controlled substance, and shall submit to 1 drug test within 15 days of release from imprisonment and at least 2 periodic drug tests thereafter, not to exceed 8 tests per month, as directed by the Probation Officer; 3) shall abstain from using illicit drugs and alcohol during the period of supervised release; 4) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 5) shall as directed by the Probation Officer apply any monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 6) shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name without the prior written approval of the Probation Officer. 7) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution in the amount of $116,078.57 to the victim Medicare, which is due immediately. If any amount of restitution remains unpaid after release from custody, payment shall be made as directed by the Probation Officer, based on the defendant's ability to pay. The defendant shall be held jointly and severally liable with co-participant Eli Gichon. The victim's recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victim receives full restitution. Interest on the restitution is waived.
IT IS FURTHER ORDERED defendant shall comply with General Order 01-05.
IT IS FURTHER ORDERED that any remaining counts are dismissed as to this defendant
IT IS FURTHER ORDERED that execution of this judgment is stayed until February 14, 2011 by 12 noon, by which date and time the defendant shall self-surrender to the designated facility, or to the U.S. Marshal located at 255 East Temple Street, Los Angeles Ca 90012 in the Roybal Federal Building and Courthouse.
IT IS FURTHER ORDERED that the bond of the defendant shall be exonerated upon his self-surrender on February 14, 2011 by 12 noon.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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 ...