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United States of America v. Tong Zhang

January 28, 2011

UNITED STATES OF AMERICA
v.
TONG ZHANG



JS-3

Social Security No. 1 4 0 9 (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. JAN. 24 2011

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:

Conspiracy to Use and Traffic st in Counterfeit Access Devices in violation of 18 U.S.C. §1029(b)(2), Fraudulent Activity in Connection with Access Device in violation of18 U.S.C. § 1029(a)(1), and Aiding and Abetting in violation of 18 U.S.C. § 2(a) as charged in Count One through Five of the Five-Count Superseding 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 is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Tong Zhang, is hereby committed on Counts 1-5 of the First Superseding Indictment to the custody of the Bureau of Prisons for a term of 27 months. This term consists of 27 months on each of Counts 1-5 of the First Superseding Indictment, to be served concurrently.

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 $17,968.42 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

Amount

HSBC Middle East $5,875.97 Commonwealth Bank of Australia $2,272.06

San Diego Metro Credit Union $2,477.06

RBS Services $7,343.33

Restitution shall be due during the period of imprisonment, at the rate of not less than $75 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, nominal monthly payments of at least $100 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment of If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

The amount of restitution ordered shall be paid as set forth on the list attached to this judgment.

The defendant shall be held jointly and severally liable with co-participants, Fei Wang and Donghong Shen (Docket No. CR-10-00073-AHM) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the dependant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).

The defendant shall comply with General Order No. 01-05.

The defendant shall pay a fine in the total amount of funds in his bank account. The fine shall not be less than $1,000.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts 1-5 of the First Superseding Indictment, all such terms to run concurrently under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office ...


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