The opinion of the court was delivered by: Honorable VIRGINIA A. Phillips United States District Judge
Social Security No. 7 2 4 6
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 04 04 2011
VICKI I. PODBERSKY, Retained
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: Subscribing to False Income Tax, in Violation of 26 U.S.C. § 7206(1), as Charged in Count Two 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 the defendant is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of:
It is ordered that the defendant shall pay to the United States a special assessment of $100.00, which is due Pursuant to U.S.S.G. § 5E1.2(e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to pay a fine.
Pursuant to 18 USC3663A, it is ordered that the defendant shall pay restitution in the total amount of $2,150,613.00, 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.
It is ordered that the defendant shall pay restitution in the total amount of $2,150,613.00, pursuant to 18
The amount of restitution ordered shall be paid as follows:
U.S. Internal Revenue Service $458,141.00
U.S. Department of Defense $1,692,472.00
During the period of probation, the defendant shall make nominal restitution payments monthly, of at least 10% of defendant's gross monthly income, but not less than $100, whichever is greater, shall be made during the period of probation. Theses payments shall begin 90 days after the commencement of probation. 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.
The defendant shall be held jointly and severally liable with co-defendant Eric Schmidt for the amount of restitution ordered in this judgment. The victim's recovery is limited to the amount of its 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 defendant does not have the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant
The defendant shall comply with General Order No. 01-05.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Janet Lyn Schmidt, is hereby placed on probation on count two of the information for three years under the following
The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;
The defendant shall participate for a period of twelve months in a home detention program which may include electronic monitoring, GPS or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;
The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, or voice recognition program. The defendant shall provide ...