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United States of America v. Hamlet Sardariani

October 23, 2012

UNITED STATES OF AMERICA
v.
HAMLET SARDARIANI



Social Security No. 4 8 6 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. 10 22 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 Second Superseding Indictment; and, Tax Evasion, in Violation of 26 U.S.C.§ 7201, as Charged in Count Fourteen 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 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 $200, which is due

It is ordered that the defendant shall pay restitution in the total amount of $5,507,870.00 pursuant to 18 U.S.C. § 3663A and 18 U.S.C. § 3663.

The amount of restitution ordered shall be paid as set forth on the list attached to this judgment.

Amount

Gap Fund, LLC $800,000

Fidelity National Title Company $1,650,000

Payam Amin $472,000

Bith, LLC $2,500,000

Internal Revenue Service $85,870

TOTAL: $5,507,870

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

For the amount of $85,870, the defendant is individually liable.

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 10 percent of defendants's gross monthly income, but not less than $400, 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 of the amount ordered.

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.

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

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Hamlet Sardariani, is hereby committed on Counts 1 and 14 of the Second Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 78 months. This term consists of 60 months on Count 1, and 18 months on Count 14. As to Count 14, the 18 months on Count 14, are to be served consecutively to the term imposed on Count 1.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years on each of Counts 1 and 14, all such terms to run concurrently, under the following terms and conditions:

The defendant shall comply with the rules and regulations of the U. S. Probation Office, General Order 05-02, and General Order 01-05 , including the three special conditions delineated in General Order 01-05;

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

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 apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the ...


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