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United States of America v. Burtis

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 25, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
BURTIS, DEFENDANT ROBERT ADAMS, AND MINTURN NUT CO.; RANDAL ALFRED BURTIS, AND
ROBERT MORRIS ADAMS,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

BENJAMIN B. WAGNER United States Attorney KIRK E. SHERRIFF STANLEY A. BOONE Assistant U.S. Attorneys 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America

STIPULATION BETWEEN THE UNITED STATES, DEFENDANT RANDAL ORDER

Plaintiff the United States of America, defendant Randal Alfred Burtis, defendant Robert Morris Adams, and Minturn Nut Co., Inc. ("Minturn"), by and through their respective undersigned counsel of record, hereby stipulate and jointly request that the Court amend the restitution amount owed to Minturn in the judgments as to defendants Burtis and Adams filed December 28, 2011, to reflect settlement payments that these co-defendants made to Minturn prior to the issuance of the judgments.

The judgments filed December 28, 2011 order defendants Burtis and Adams to pay restitution to Minturn in the amount of $1,134,599.59. This amount represents the loss that Minturn incurred due to the defendants' conduct in this case. However, pursuant to a civil settlement, defendant Adams subsequently repaid to Minturn funds and assets valued at $200,000. Also pursuant to a civil settlement, defendant Burtis subsequently repaid to Minturn funds and assets valued at $100,000. These settlement amounts were paid before the judgments were issued in this case. Minturn agrees that it has received $300,000 from these defendants in repayment for the fraud loss it incurred in this case, resulting in a net loss to Minturn in the amount of $834,599.59.

Accordingly, the United States, defendant Burtis, defendant Adams, and Minturn jointly stipulate and respectfully request that the Court order that the judgments as to defendants Burtis and Adams be amended to reflect that these defendants owe restitution to Minturn, jointly and severally with co-defendant Ronald Salado, in the amount of $834,599.59 (rather than $1,134,599.59). This stipulation is not intended to modify the judgments in any other respect.

ORDER

The Court has reviewed and considered the stipulation of the United States, defendant Randal Burtis, defendant Robert Adams, and Minturn Nut Co. to amend the judgments in this case as to defendants Burtis and Adams to correct the restitution amount owed to Minturn Nut Co. For the reasons set forth in the stipulation, it is ordered that the judgments for defendants Burtis and Adams be amended to reflect that these defendants owe restitution to Minturn Nut Co., jointly and severally with co-defendant Ronald Salado, in the amount of $834,599.59 (rather than $1,134,599.59). The judgments are not amended in any other respect.

IT IS SO ORDERED.

20120125

© 1992-2012 VersusLaw Inc.



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