The opinion of the court was delivered by: District Judge Manuel L. Real
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person, on: DECEMBER 16, 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 Marilyn Bednarski, appointed _XX_PLEA:
XX GUILTY, and the Court being satisfied that there is a factual basis for the plea.
There being a finding of XX GUILTY, defendant has been convicted as charged of the offense(s) of: Health Care Fraud, Aiding and Abetting and Causing an Act to be Done in violation of Title 18 U.S.C. 1347,2 as charged in count 5 of the indictment.
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 placed on PROBATION for a term of five (5) years
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 05-02; 2) shall during the period of community
supervision pay the special assessment and restitution in accordance
with this judgment's orders pertaining to such payment; 3) shall
perform twenty-five hundred (2500) hours of community service, as
directed by the Probation Officer; 4) shall report in person before
the Court every 120 days as directed by the Probation Officer; 5)
shall as directed by the Probation Officer apply any monies received
from income tax refunds, lottery winnings, inheritance, judgments and
any anticipated or unexpected financial gains to the outstanding
court-ordered financial obligation; 6) 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, shall show proof to the Probation
Officer of compliance with this order; 7) shall not engage, as whole
or partial owner, employee or otherwise, in any business involving
health care without the express approval of the Probation Officer
prior to engagement in such employment; 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; 8) shall
cooperate in the collection of a DNA sample from the defendant.
IT IS FURTHER ORDERED that defendant pay a special assessment of $100.00, which is due immediately.
IT IS FURTHER ORDERED that defendant pay restitution to the victim Medicare Trust Fund, Centers for Medicare and Medicaid Services in the amount of $220,252.72, to be paid in monthly installments as directed by the Probation Officer. The defendant shall be held jointly and severally liable with co-defendant, Eli Gichon, for the amount of restitution ordered in this judgment. 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 deliquency pursuant to 18 U.S.C. 3612(g).
The defendant shall comply with General Order 01-05. IT IS FURTHER ORDERED that all fines are waived.
IT IS FURTHER ORDERED that the bond of the defendant is exonerated.
IT IS FURTHER ORDERED that all remaining counts are dismissed 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 ...