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United States of America v. Wendy Oda

October 17, 2012

UNITED STATES OF AMERICA
v.
WENDY ODA



The opinion of the court was delivered by: Dolly M. Gee, United States District Judge

Social Security No. 5 0 3 6

(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. OCT 17 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 in violation of Title 18 U.S.C. § 371; Subscription to False Tax Return in violation of Title 26 U.S.C. § 7206(1); Aiding and Abetting and Causing an Act to Be Done in violation of Title 18 U.S.C. § 2 as charged in Counts 1 and 2 of the Information.

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, WENDY ODA 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 on Counts 1 and 2 of the Information for a term of: five (5) years, all such terms to run concurrently.

It is ordered that the defendant shall pay to the United States a special assessment of $200.

All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition to restitution.

It is ordered that the defendant shall pay restitution in the total amount of $2,000,000 pursuant to 18 U.S.C. §3663A.

The amount of restitution ordered shall be paid as follows:

Amount

$2,000,000.00

A partial payment of at least $15,000 shall be paid within 60 days from the date of this judgment. Thereafter, within 90 days from the date of this judgment, the defendant shall commence nominal monthly restitution payments of at least 10% of defendant's gross monthly income, but not less than $500, whichever is greater, during the period of supervised release. Nominal restitution payments are ordered as the court finds that the defendant's economic circumstances do not allow for immediate payment of the full amount ordered.

Pursuant to 18 USC 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.

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

The defendant shall be placed on probation on Counts 1 and 2 of the Information for a term of five years, all such under the following terms and conditions:

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

The defendant shall participate for a period of six months in a home detention program, the term consisting of six months on each of Counts 1 and 2 of the Information, to be served concurrently. When necessary, Defendant will be permitted to drive any participants residing in her sober living facility to and from their appointments during the hours of 9:30 a.m. to 8:00 p.m. She also may drive herself to and from the grocery store and to medical appointments. Said home detention program may include electronic monitoring, GPS, Alcohol Monitoring Unit or automated identification systems and the defendant 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 home confinement monitoring to the contract vendor, not to exceed the sum of $12 for each day of participation. The defendant shall provide payment and proof of payment as directed by the Probation Officer;

The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to periodic drug tests, not to exceed eight tests per month, as directed by the Probation Officer;

The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged from the treatment by the treatment provider, with the approval of the Probation Officer;

As directed by the Probation Officer, the defendant shall pay all or part of the costs of treating the defendant's mental health treatment to the aftercare contractor during the period of community supervision, pursuant to 18 U.S.C. § 3672. The defendant shall provide payment and proof of payment as directed by the Probation

During the term of supervision, after the restitution obligation to victim Fox Entertainment Group has been fully satisfied, the defendant shall pay $18,000 to the Internal Revenue Service (IRS), representing the loss amount caused to the IRS by the defendant's offense. Said loss amount shall be paid in monthly installment payments of at least 10% of defendant's gross monthly income, but not less than $250, whichever is greater, until the loss amount is fully satisfied. The defendant shall provide proof of payment as directed by the Probation Officer and such payments shall be made to the Clerk of Court for disbursement to:

IRS - RACS, Mail Stop 6261, Restitution 333 W. Pershing Avenue Kansas City, MO 64108

The defendant shall cooperate with the payment of all delinquent federal and state taxes, and any related penalties and interest which may be imposed. The defendant shall truthfully and timely file and pay taxes owed during the period of community supervision. Further, the defendant ...


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