The opinion of the court was delivered by: Christina A. Snyder, United States District Judge
Social Security No. 8 1 2 2
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 02 15 2012
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 to Commit Health Care Fraud, in violation of Title 18, United States Code, Sections 1349, 2(b), as charged in Count One of the Second Superseding 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, GLORIA CRISTINA HERNANDEZ,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 placed on PROBATION for a term of FIVE (5) 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 restitution in accordance with this judgment's orders pertaining to such payment;
The defendant shall not be employed in any position that requires licensing and/or certification by any local, state or federal agency without prior approval of the Probation Officer;
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business which provides medical services or medical equipment to Medicare beneficiaries or which is otherwise involved in the submission of claims to Medicare without the express approval of the Probation Officer prior to engagement in such employment;
The defendant shall cooperate in the collection of a DNA sample from the defendant; and
The defendant shall apply monies in excess of $500 received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation.
It is ordered that the defendant shall pay to the United States a special assessment of $100, which is
It is ordered that the defendant shall pay restitution in the total amount of $193,944.84, pursuant to 18 U.S.C. Section 3663A, 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.
Restitution shall be due during the period of probation, in nominal monthly payments of at least $100 or 10% of the defendant's income, whichever is greater, shall be made during the period of probation. These payments shall begin 30 days after the commencement of probation. Nominal restitution payments are ordered as the Court finds that the defendant's economic and health circumstances do not allow for either immediate or future payment of the amount ordered.
The defendant shall be held jointly and severally liable with co-defendants Elsie Ruth Edmond, Leslie Vanessa Duarte, Marlon Osvaldo Palma, Evan Josue Gonzalez and Kelechi Ajouku for the amount of restitution ordered in this judgment. The victims' recovery 1 is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive 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.
All fines are waived as the Court finds that the defendant does not have the ...