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United States of America v. Richard A. Maize

September 20, 2011

UNITED STATES OF AMERICA
v.
RICHARD A. MAIZE



MAIZE, Richard Allen

Social Security No. 9 9 6 4 (Last 4 digits)

AMENDED AS TO RESTITUTION ONLY JUDGMENT AND PROBATION/COMMITMENT ORDER MONTH DAY YEAR

In the presence of the attorney for the government, the defendant appeared in person 09 12 2011 Stanley H. Marks and Richard G. Novak, retained.

(Name of Counsel)

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:

Conspiracy: 18 U.S.C. §371 (Count 1); Bank Fraud: 18 U.S.C. §1344 (Counts 2, 3 and 4); False Statement on Tax Return: 26 U.S.C. §7206(1) (Count 5) as charged in 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:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Richard Maize, is hereby committed on Counts 1 through 5 of the 5-Count Information to the custody of the Bureau of Prisons for a term of 18 months. This term consists of 18 months on each of Counts 1 through 5 of the Information, 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 1-4, and one year on Count 5, all such terms to run concurrently under the following terms and conditions:

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

During the period of community supervision the defendant shall pay the special assessment, fine and restitution in accordance with this judgment's orders pertaining to such payment;

Without the prior written approval of the United States Probation Office (USPO), defendant shall not work in mortgage lending, mortgage brokering, mortgage banking, real estate brokering, or real estate appraising;

Without the prior written approval of the USPO, defendant shall not work at, serve as an officer of, become employed by, operate, or actively participate in any mortgage lending companies, mortgage brokering companies, mortgage banking companies, real estate brokerages or agencies, or real estate appraisal companies. Subject to the above limitations, defendant may: (1) Work in real estate development; and (2) Through his solely-owned corporation, R.A. Maize Corp., maintain a passive ownership interest in ACF Partners dba Americorp Funding (Americorp), provided that defendant does not work at, serve as an officer of, operate the business of, or in any way participate in the mortgage lending activities of Americorp;

The defendant shall truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order;

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

The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse.

It is ordered that the defendant shall pay restitution pursuant to 18 U.S.C. § 3663 (A). Defendant shall pay restitution in the total amount of $4,000,000 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. However, the Court $3,180,762 , has already been paid to RBC leaving a balance, and $438,279 to Lehman Brothers Bank, FSB which has already been paid in full.

A partial payment of $25,000 shall be paid immediately. The 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. If any amount of the restitution remains unpaid after release from custody, quarterly payments of at least $100,000 shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.

For the restitution ordered in this judgment, the defendant shall be held jointly and severally liable with his convicted co-participants as follows: Lester Scott Robinson, Joseph Babajian, Kyle Grasso, and Lila Rizk (in Docket No. 07-00755); Charles Fitzgerald (in Docket No. 06-00977(A)), Mark Abrams (in Docket No. 06-00044), Nicole LaViolette (Docket No. 05-01232); Jamieson Todd Matykowski (in Docket No. 05-01213), and Timothy Holland (in Docket No. 06-00106). The victim's recovery is limited to the amount of its loss and the defendant's liability for restitution ceases if and when the victim receives 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 to 18 U.S.C. § 3612(g).

The defendant shall comply with General Order No. 01-05.

FINE: Pursuant to Section 5E1.2 (e) of the Guidelines, all fines are waived as it is found that the defendant does not have the ability to ...


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