Social Security No. (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR
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 GUILTY, defendant has been convicted as charged of the offense(s) of: 18 U.S.C. §371: Conspiracy to Commit Mail Fraud and Bank Fraud - Count 1 of the Information; 18 U.S.C. §1957: Money Laundering - Count 2 of the Information.
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 defendant, Angelo Ales, is committed on Count 1 and 2 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 46 months. This term consists of 46 months on Count 1 and 46 months on Count 2, all such terms to be served concurrently.
On release from imprisonment, the defendant shall be placed on supervised release for a term of three years on Counts 1 and 2, all such terms to be served concurrently under the following terms and conditions:
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, saliva or sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs, alcohol, and abusing prescription medications during the period of supervision;
The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;
As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's drug/alcohol dependency to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation Officer;
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;
The defendant shall cooperate with the Internal Revenue Service in the determination of his tax liability for tax years 1999 through 2004. As a condition of supervised release and prior to the conclusion of supervised release, defendant will file initial returns for the years subject to the terms of the plea agreement correctly reporting unreported income and will, if requested to do so by the Internal Revenue Service, provide the Internal Revenue Service with information regarding the years covered by the returns. Defendant will pay, prior to the conclusion of supervised release, all additional taxes and all penalties and interest assessed by the Internal Revenue Service on the basis of the returns. Defendant will promptly pay all additional taxes and all penalties and interest thereafter determined by the Internal Revenue Services to be owing as a result of any computational errors.
In addition, the defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer; and The defendant shall cooperate in the collection of a DNA sample from the defendant;.
It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
Defendant shall pay restitution in the total amount of $11,811,445.46 pursuant to 18 U.S.C. § 3663A 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.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 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 the amount ordered.
Pursuant to 18 U.S.C. § 3612(f)(3)(A), 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 ...