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United States of America v. Jonathan William Mikula

October 4, 2011

UNITED STATES OF AMERICA
v.
JONATHAN WILLIAM MIKULA



Social Security No. 9 1 1 7 (Last 4 digits)

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. 10 3 11

Koren Bell, Deputy Federal Public Defender

(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:

18 U.S.C. §1001(a)(2): False Statement and Document to Federal Agency - Count 1 of the 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 defendant, Jonathan William Mikula, is hereby placed on probation on the Single-Count Indictment for a term of five years 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 fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;

The defendant 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 not be employed by, affiliated with, own or control, or otherwise participate, directly or indirectly, in a business that solicit or is otherwise raising investment funds;

The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant 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;

The defendant shall not participate in any capacity in the solicitation or raising of funds from any investor in any business;

The defendant shall disclose to any employer copies of the criminal judgment in this case and the permanent injunctions issued against defendant in SEC v. Phoenixsurf.com, et al., CV07-4765 JSL (C.D. Cal.), and SEC v. Mikula, et al., No. 08-CV-3097-BBM (N.D.

The defendant shall not use, for any purpose or in any manner, any name other than his true legal name, including the use of his middle name in place of his first name, without the prior written approval of the Probation Officer; and, 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

It is ordered that the defendant shall pay to the United States a special assessment of $100, which is due immediately.

It is ordered that the defendant shall pay to the United States a total fine of $10,000, which shall bear interest as provided by law.

A sum of $3,000 shall be paid immediately, and the balance of the fine shall be paid in monthly installments of at least $200 during the period of probation. These payments shall begin 30 days after the date of this judgment.

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

The Court advised the defendant of the right to appeal ...


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