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United States of America v. Eli Gichon

January 19, 2011

UNITED STATES OF AMERICA
v.
ELI GICHON
DEFENDANT



The opinion of the court was delivered by: Manuel L. Real

S.S.#-------7841

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 18, 2011

Month / Day / Year

COUNSEL:

WITHOUT COUNSEL

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 Jerry Kaplan, retained XX PLEA:

XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.

FINDING:

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 1 of the indictment; Subscribing to False Tax Return in violation of Title 26 USC 7206(1) as charged in count 61 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: Fifty-one (51) 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 abstain from using alcohol during the period of supervision; 3) shall as directed by the Probation Officer, pay all or part of the costs of treating defendant's alcohol dependency to the aftercare contractor during the period of community supervision, and shall provide payment and proof of payment as directed by the Probation Officer; 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 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, shall show proof to the Probation Officer of compliance with this order; 7) shall cooperate in the collection of a DNA sample from the defendant.

JUDGMENT AND PROBATION/COMMITMENT ORDER

IT IS FURTHER ORDERED that defendant pay a special assessment of $200.00, which is due immediately.

IT IS FURTHER ORDERED that defendant pay restitution and unpaid taxes in the amount of $4,093,263.07 on count 1 to the victim Medicare, and $1,400,353.00 on count 61 to the Internal Revenue Service for taxes due on unreported income for tax year 2006. A partial payment of $100,000.00 shall be paid immediately. The balance shall be due during the period of imprisonment at the rate of not less than $25.00 per quarter and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of restitution or unpaid taxes remains unpaid after release from custody, monthly payments of at least 10% of the defendant's monthly income, but not less than $500.00, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Interest on the restitution is waived. Payments may be subject to penalties for default and delinquency.

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

Signed by: District Judge MANUEL L. REAL

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


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