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United States of America v. 7. Albert Greenhouse [96865-004

November 5, 2012

UNITED STATES OF AMERICA
v.
7. ALBERT GREENHOUSE [96865-004]
GREENHOUSE, ALBERT MICHAEL (TRUE)



JS-3/ent

Social Security No. 5 0 7 5 (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. November 5 2012

Lawrence Jay Litman, CJA

(Name of Counsel)

GUILTY, and the court being satisfied that there is a factual basis for the plea.

NOLO NOT CONTENDERE GUILTY

There being a jury verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

Offer and Sale of Unregistered Securities; Aiding and Abetting and Causing An Act To Be Done in violation of 15 U.S.C. §§ 77e and 77x; 18 U.S.C. § 2 [cts 28, 31] as charged in the Indictment filed on June 15, 2011

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:

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Albert Greenhouse, is hereby committed on Counts Twenty-Eight and Thirty-One of the Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of 60 months. This term consists of 60 months on each of Counts Twenty-Eight and Thirty-One, to be served concurrently.

Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term consists of three years on each of Counts Twenty-Eight and Thirty-One, 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.

During the period of community supervision the defendant shall pay the special assessment and fine in accordance with this judgment's orders pertaining to such payment;

The defendant shall cooperate in the collection of a DNA sample from the defendant;

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 not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, telemarketing activities, investment programs or any other business involving the solicitation of funds or cold-calls to customers without the express approval of the Probation Officer prior to engagement in such employment. Further, the defendant shall provide the Probation Officer with access to any and all business records, client lists and other records pertaining to the operation of any business owned, in whole or in part, by the defendant, as directed by the Probation Officer; and

The defendant shall pay restitution in the total amount of $530,000. The amount of restitution ordered shall be paid as follows: victim V.S., $30,000; victim S.H., $500,000. A partial payment of $10,000 shall be made on or before January 14, 2013. 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. Nominal monthly payments of at least 10% of defendants's gross monthly income, but not less than $1,000, whichever is greater, shall be made 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. 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 be held jointly and severally liable with co-defendants Daniel Toll, Joel Lee Craft, Jr., James Lloyd, Paul Baker, Bart Douglas Slanaker, Allen Bruce Agler, Delitha Floyd, Brian Emmanuel Ellis, Daniel Morabito, and David Nelson, for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution.

It is further ordered that the defendant surrender himself at or before 12 noon on January 8, 2013, to the institution designated by the Bureau of Prisons. In the absence of such designation, the defendant shall report on or before the same date and time, to the United States Marshal located at the Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012.

It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately. Any unpaid balance 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.

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

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

The jury having returned its verdict, finding the defendant NOT GUILTY on Counts 1, 5, 6, and 8, IT IS THEREFORE ADJUDGED that Albert Greenhouse, is hereby discharged pursuant to Rule 32(k)(1), Federal Rules of Criminal Procedure on Counts ...


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