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United States of America v. Intercare Health Systems

February 4, 2011

UNITED STATES OF AMERICA
v.
INTERCARE HEALTH SYSTEMS, INC., DBA CITY OF ANGELS MEDICAL CENTER



Social Security No. Not Applicable

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. 01 24 2011

CONTENDERE NOT GUILTY

There being a finding of GUILTY, defendant has been convicted as charged of the offense(s) of: Payment of Kickbacks for Patient Referrals causing an act to be done, in violation of Title 42 U.S.C. § 1320a-7b(b)(2)(A), and 18 U.S.C. § 2(b) as charged in Counts 6 & 7 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: is hereby placed on probation on Counts 6 and 7 of the Indictment for a term of five years. This term consists of five years on each of Counts 6 and 7 of the Indictment, all such terms to run concurrentlyIt is ordered that the defendant shall pay to the United States a special assessment of $800, which is due immediately.

Defendant shall pay restitution in the total amount of $4,108,779 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.

The restitution obligation will be deemed satisfied upon Intercare's resolution of the United States' $10 million (amended on February 2, 2011) claim in Intercare's bankruptcy case (docket no. 2:09-BK-29121-SB).

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.

Interest on the restitution ordered is waived because the defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency.

The defendant shall be held jointly and severally liable with co-participants Robert Bourseau, Dante Nicholson, Rudra Sabaratnam and Estill Mitts (docket no. 08-00904), and Richard Massey (docket no. 08-00264) 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.

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

No fine is imposed as the defendant does not have the ability to pay a fine in addition to restitution.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Intercare Health Systems Inc., is hereby placed on probation on Counts 6 and 7 of the Indictment for a term of five years. This term consists of five years on each of Counts 6 and 7 of the 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 and General 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; and

The organization shall update the supervision probation officer of Intercare's progress in bankruptcy case (docket no. 2:09-BK-29121-SB) on a monthly basis.

Defendant waived right to appeal.

On Government's motion, all remaining counts are Ordered dismissed.

In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within 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.

2/4/11

Date George H. King, U. S. District Judge It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.

Terry Nafisi, Clerk of Court

2/4/11 By

Filed Date Beatrice Herrera for Irene Ramirez Courtroom Deputy Clerk The defendant shall comply with the standard conditions that have been adopted by this court (set forth below).

STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

While the defendant is on probation or supervised release pursuant to this judgment: The defendant shall not commit another Federal, state or local crime; the defendant shall not leave the judicial district without the written permission of the court or probation officer; the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five days of each month; the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; the defendant shall support his or her dependents and meet other family responsibilities; the defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; the defendant shall notify the probation officer at least 10 days prior to any change in residence or employment; the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, ...


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