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United States of America v. Michael Glen Malter

March 19, 2012

UNITED STATES OF AMERICA
v.
MICHAEL GLEN MALTER



The opinion of the court was delivered by: Percy Anderson, United States District Judge

Social Security No. 8 3 0 1 (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. 03 19 2012

M. Taylor Katz, Ret. (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: Illegal Trafficking in Archaeological Resources in violation of Title 16 U.S.C. §§ 470ee(b)(1) & (d), as charged in Count One 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 the defendant, Michael Glen Malter, is hereby placed on PROBATION for a term of Two 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;

The defendant shall participate for a period of 12 months in a home detention program which may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and shall observe all rules of such program, as directed by the Probation Officer. The defendant shall maintain a residential telephone line without devices and/or services that may interrupt operation of the monitoring equipment;

The defendant shall pay the costs of Location Monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The defendant shall provide payment and proof of payments as directed by the Probation Officer;

During the period of community supervision the defendant shall pay the special assessment, restitution, and fine payment 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 pay a $10,000 community service payment to the National Park Foundation Pacific West Region Archeological Investigation fund. This community service payment shall be paid no later than 45 days after sentencing. The defendant shall be held jointly and severally liable with co-participant Malter Galleries, Inc., for this community service payment;

The defendant shall perform 150 hours of community service, as directed by the Probation Officer;

Should defendant offer to sell or sell cultural heritage resources or antiquities, to include ancient coins, defendant shall provide documentation that the items for sale were not obtained in violation of any cultural heritage or patrimony laws at the request of the supervising probation officer prior to completion of the sale; 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 substance abuse.

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 restitution in the total amount of $6,215.57 pursuant to 18 U.S.C. ยง 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 ...


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