The opinion of the court was delivered by: R. Gary Klausner, United States District Judge
Social Security No. 7 7 8 2
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. 08 31 2011
X WITH COUNSEL Mark Werksman; Mark Hathaway
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: Fraudulent or False Tax Return , in violation of 26 USC 7201(1) as charged in Count 5 of the First Superseding Indictment; Visa Fraud; Causing an Act To Be Done, in violation of 18 USC 1546(a), 2(b), as charged in Count 13 of the First Superseding Indictment; and False Statement To Government Agency; Causing An Act To Be Done, in violation of 18 USC 1001; 2(b), as charged in Count 16 of the First 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:
It is ordered that the defendant shall pay to the United States a special assessment of $300, which is due immediately. Any unpaid balance 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.
It is ordered that the defendant shall pay restitution in the total amount of $765,999.72 pursuant to 18 U.S.C. § 3663 and the Plea Agreement.
The amount of restitution ordered shall be paid as follows:
Internal Revenue Service $562,179.02 California Franchise Tax Board $195,420.70 U.S. Department of Education $8,400 Restitution shall be paid in full no later than 12 months from date of sentencing.
If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.
The amount of restitution ordered shall be paid as set forth on the list attached to this judgment.
The defendant shall be held jointly and severally liable with co-participant, Zipora Klein (Docket No. CR-10-00015-RGK) for the amount of restitution to the IRS and the Franchise Tax Board, as ordered in this judgment, in the amount of $757,599.72. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.
It is ordered that the defendant shall pay to the United States a total fine of $12,500, which shall bear interest as
The fine shall be paid in full no later than 10 days from the date of sentencing.
The defendant shall comply with General Order No. 01-05.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Samuel D. Klein, is hereby committed on Counts 5, 13, and 16 of the First Superseding Indictment to the custody of the Bureau of Prisons for a term of 63 months. This term consists of 36 months on Count 5 of the First Superseding Indictment; 63 months on Count 13 of the First Superseding Indictment; and 60 months on Count 16 of the First Superseding Indictment, 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 13 and 16 and one year on Count 5 of the First Superseding Indictment, all such ...