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United States of America v. [1] Henrik Sardariani

August 29, 2012

UNITED STATES OF AMERICA
v.
[1] HENRIK SARDARIANI



Social Security No. 3 7 6 3

(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. 08 27 2012

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, in Violation of 18 U.S.C. § 371, as Charged in Count One of the First Superseding Indictment; Wire Fraud, Aiding and Abetting and Causing an Act to be Done, in Violation of 18 U.S.C. §§ 1343, 2(A), as Charged in Counts 2, 3, and 4 of the First Superseding Indictment; Unlawful Monetary Transactions, Aiding and Abetting and Causing an Act to be Done, in Violation of 18 U.S.C. §§ 1957, 2, as Charged in Count 7 of the First 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 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 committed to the custody of the Bureau of Prisons to be imprisoned for a term of:

It is ordered that the defendant shall pay to the United States a special assessment of $500, which is due

It is ordered that the defendant shall pay to the United States, a total fine of 100,000, which shall bear interest

It is ordered that the defendant shall pay restitution in the total amount of $5,422,000 pursuant to 18 U.S.C. § 3663A. The amount of restitution ordered shall be paid as set forth on the list attached to this judgment.

VICTIM AMOUNT

Bith, LLC $2,500,000 (First Priority)

Gap Fund, LLC $800,000

Money USA $1,650,000

Payam Amin $472,000

TOTAL: $5,422,000

For the amounts of $800,000, $1,650,000, and $472,000, the defendant shall be held jointly and severally liable with co-defendant Hamlet Sardariani, for the amount of restitution ordered in this judgment.

For the amount of $2,500,000, the defendant shall be held jointly and severally liable with co-participants, Christopher Woods (CR11-00996), and Hamlet Sardariani, and Wanda Tenney for the amount of restitution ordered in this judgment.

The victims' recovery is limited to the amount of each victim's loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, nominal monthly payments of at least 20% of defendants's gross monthly income, but not less than $500.00, whichever is greater, during the period of supervised release and shall begin 30 days after the commencement of supervision. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for either immediate or future payment

If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another priority order or percentage payment is specified in this judgment.

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

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

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Henrik Sardariani, is hereby committed on Counts 1, 2, 3, 4, and 7 of the 15-Count First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 120 months. This term consists of 120 months on each of Counts 2, 3, 4, and 7 of the First Superseding Indictment, and 60 months on Count 1, all such terms to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of Counts 1, 2, 3, 4, and 7, all such terms to run concurrently, under the following terms and

The defendant shall comply with the rules and regulations of the U. S. Probation Office and General Order 05-02;

The defendant shall not commit any violation of local, state or federal law or ordinance;

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall participate in an outpatient substance abuse treatment and counseling program that includes urinalysis, breath, and sweat patch testing, as directed by the Probation Officer. The defendant shall abstain from using illicit drugs and alcohol, ...


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