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United States of America v. Lance Van Alstyne

March 28, 2011

UNITED STATES OF AMERICA
v.
LANCE VAN ALSTYNE
LANCE EDWARD VAN ALSTYNE



Social Security No. 2 9 8 8

(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. 03 25 2011

Anne Hwang, DFPD, Apptd.

(Name of Counsel)

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. §1341: Mail Fraud (Counts 1, 2, 9, 10, 11, 16, 19) of the Amended Indictment;

18 U.S.C. §1956(a)(1)(A)(I), 2, Money Laundering (Count 22) of the Amended 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:

Two Hundred Four (204) months.

[AFTER REMAND BY NINTH CIRCUIT]

It is ordered that the defendant shall pay to the United States a special assessment $400, which is

It is ordered that the defendant shall pay restitution in the total amount of $8,111,721 pursuant to 18

The amount of restitution ordered shall be paid as set forth on the 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 by the probation office to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the

. If the defendant makes a partial payment, each payee shall receive approximately proportional payment.

Restitution shall be due during the period of imprisonment, at the rate of not less that $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 $50 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 and delinquency pursuant to 18 U.S.C § 3612(g).

The defendant shall comply with all General Orders of this Central District of California.

All fines are waived as it is found that 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, Lance Van Alstyne, is hereby committed on Counts, 1, 2, 9, 10, 11, 16, 19 and 22 of the Amended Indictment to the custody of the Bureau of Prisons for a term of 204 months. This Term consists of 60 months on each of Counts, 1, 2, 9, 10, 11, 16 and 19, and 204 months on Count 22, all such terms to be served concurrently.

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, 2, 9, 10, 11, 16, 19 and 22, all such terms to run concurrently under the under the following terms and conditions:

The defendant shall comply with the rules and regulation of the U. S. Probation Office and General Order 05-02;

During the period of community supervision, defendant shall pay the special assessment and restitution in accordance with this judgment;

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 ...


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