The opinion of the court was delivered by: District Judge Manuel L. Real
S. Security # -------1454
Residence: Metropolitan Detention Center Mailing: SAME 535 Alameda Street Los Angeles, CA 90012
JUDGMENT AND PROBATION/COMMITMENT ORDER PURSUANT TO MANDATE U.S.C.A. FOR RE-SENTENCING
In the presence of the attorney for the government, the defendant appeared in person, on: JUNE 20, 2011
However, the court advised defendant of right to counsel and asked if defendant desired to have counsel appointed by the Court and the defendant thereupon waived assistance of counsel.
XX WITH COUNSEL David Kaloyanides, appointed PLEA:
GUILTY, and the Court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY FINDING:
There being a jury verdict of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Mail fraud, aiding and abetting and causing an act to be done in violation of Title 18 USC 1341,2 as charged in counts 2 - 4; Inducing a victim to travel in execution of a fraud scheme in violation of Title 18 USC 2314 as charged in counts 5 - 9; Promotion of unlawful activity with criminal proceeds, aiding and abetting and causing an act to be done in violation of Title 18 USC 1956(a)(1)(A)(i),2 as charged in counts 10 -14; Engaging in monetary transactions from criminally derived proceeds, aiding and abetting and causing an act to be done in violation of Title 18 USC 1957,2 as charged in counts 15 & 16; Impeding the administration of justice, aiding and abetting and causing an act to be done in violation of Title 18 USC 1503,2 as charged in counts 17 - 22; Tax evasion, aiding and abetting and causing an act to be done in violation of Title 26 USC 7201, 18 USC 2 as charged in counts 23 & 24.
JUDGMENT AND PROBATION/COMMITMENT ORDER:
The Court asked whether defendant had anything to say 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 Bureau of Prisons to be imprisoned for a term of:
One hundred thirty (130) months. This sentence consists of 60 months on counts 2 through 4, 23 and 24; 120 months on each of counts 5 through 9 and 15 through 22; and 130 months on each of counts 10 through 14, all to be served concurrently.
IT IS ORDERED AND ADJUDGED that defendant shall be placed on probation for three (3) years, concurrent on counts 2 through 24, under the following terms and conditions: the defendant 1) shall comply with the rules and regulations of the U.S. Probation Office and General Order 318; 2) shall pay the special assessment and restitution in accordance with this judgment's orders pertaining to such payment; 3) when not employed at least part-time and/or enrolled in an educational or vocational program, the defendant shall perform 20 hours of community service per week as directed by the Probation Officer; 4) shall truthfully and timely pay taxes owed for the years of conviction and shall truthfully and timely file and pay taxes during the period of community supervision, further, shall show proof to the Probation Officer of compliance with this order; 5) shall not be employed by, affiliated with, own or control or otherwise participate, directly or indirectly in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance Corporation; 6) shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer; 7) shall not be employed in any capacity wherein he has custody, control or management of his employer's funds; 8) shall not obtain or possess any driver's license, Social Security number, birth certificate, passport or any other form of identification in any name, other than the defendant's true legal name, without the prior written approval of the Probation Officer, nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name; 9) shall not, engage, as whole or partial owner, employee, director, officer, contractor or otherwise, in any business involving mortgage loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds of cold-calls to customers, without the express prior approval of the Probation Officer, purchases, leases, rentals, sales or marketing; further, 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; 10) shall not be self-employed and shall submit all employment offers which the defendant intends to accept to the Probation Officer for prior approval so that the Probation Officer can verify the legitimacy of the employment, and the defendant shall keep the Probation Officer apprised of his work schedule; 11) the defendant is prohibited from receiving mail matter at any location other than his legal residence, as approved by the Probation Officer, and is further prohibited from receiving mail matter intended for his benefit addressed to or via third parties; 12) shall participate in a domestic violence treatment program as approved and directed by the Probation Officer; 13) shall, as directed by the Probation Officer, apply monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation; 14) shall cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $2,300.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution in the amount of $6,335,146.00 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 shall remain confidential to protect the privacy interests of the victims. If the defendant makes a partial payment, each payess shall receive approximately proportional payment, as directed by the Probation Officer.
Restitution shall be due during the period of imprisonment, at the rate of not less than $25.00 per5 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 $150.00 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. Interest on the amount of restitution is waived; payments may be subject to penalties for default / delinquency.
The defendant shall comply with General Order No. 01-05
IT IS FURTHER ORDERED that all fines and costs of supervision are waived as to this defendant.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release set out on the reverse side of 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 ...