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Tates of Am Erica v. Kenneth S. Park

May 16, 2011

TATES OF AM ERICA
v.
KENNETH S. PARK KYU PARK; SUNG K. PARK



Social Security No. 9 8 3 5 (Last 4 digits)

JUDGM ENT AND PROBATION/COM M ITM ENT ORDER

M ONTH DAY YEAR

the presence of the attorney for the government, the defendant appeared in person on this date. 05 16 2011

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO NOT GUILTY CONTENDERE

There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Conspiracy, in violation 18 U.S.C §371, as charged in Count One (1) of the Second Superseding Indictment; Wire Fraud, in violation of 18 U.S.C. § 1343, as charged in Court Two (2) of the Second Superseding Indictment; and False Statement to Federally Insured Financial Institutions; Causing an Act to be Done, in violation of 18 U.S.C. §§ 1014, 2(b), as charged in Count Three (3), Count Four (4) and Count Five (5) of the Second 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: THIRTY THREE (33) M ONTHS on each of Counts One (1), Two (2), Three (3), Four (4) and Five (5) of the Second 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 $249,750.00 pursuant to 18 U.S.C. § 3663A. The restitution amount shall bear interest as provided by law. It is ordered that the defendant shall pay restitution to the victim 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 the victim. The victim list, which shall be forwarded to the fiscal section of the Clerk's Office by the probation officer, shall remain confidential to protect the privacy interests of the victims.

The amount of restitution shall be paid in full no later than 180 days after the date of sentencing.

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 restitution.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of Counts One, Two, Three, Four and Five, all such terms to run concurrently, under the following terms and conditions:

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

2. 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;

3. 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;

4. The defendant shall comply with the immigration rules and regulations of the United States, and if deported from this country, either voluntarily or involuntarily, not re-enter the United States illegally. The defendant is not required to report to the Probation Office while residing outside of the United States; however, within 72 hours of release from any custody or any re-entry to the United States during the period of Court ordered supervision, the defendant shall report for instructions to the United States Probation Office located at the United States Courthouse, 312 North Spring Street, Room 600, Los Angeles, California 90012; and

5. The defendant shall cooperate in the collection of a DNA sample from the defendant.

Defendant is advised of his right to appeal.

to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of n, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke n for a violation occurring during the supervision period.

-16-11

ate U. S. District Judge

that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal ...


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