The opinion of the court was delivered by: R. Gary Klausner, United States District Judge
Social Security No. 9 8 9 0
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. OCT 3 2011
X WITH COUNSEL Mark Werksman, Retained
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: Mail Fraud, in violation of 18 USC 1341, as charged in Counts 1, 2, 3 and 4 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:
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due
It is ordered that the defendant shall pay restitution in the total amount of $8,800,803.69, pursuant to 18 U.S.C.
Defendant shall pay restitution in the total amount of $8,800,803.69 to victims 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.
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.
Restitution in the amount of $152,000 has been paid by the defendant.
The remaining amount of restitution 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, nominal monthly payments of at least 10% of defendant's gross monthly income, but not less than $500, shall be made, during the period of supervised release, and shall begin 30 days after the commencement of supervision. 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.
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
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, Kirk Rozman, is hereby committed on Counts 1 through 4 of the 4-Count Information to the custody of the Bureau of Prisons to be imprisoned for a term of THIRTY-SIX (36) MONTHS. This term consists of 36 months on each of Counts 1 through 4 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 on each of Counts 1 through 4, 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 and restitution in accordance with this judgment's orders pertaining to such payment;
The defendant 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;
The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without ...