The opinion of the court was delivered by: George H. King, Chief U.S. District Judge
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 01 28 2013
X GUILTY, and the court being satisfied that there is a factual basis for the plea.
NOLO CONTENDERE NOT GUILTY
There being a FINDING of GUILTY, defendant has been convicted as charged of the offense(s) of: CONSPIRACY TO PAY KICKBACKS FOR PATIENT REFERRALS; in Violation of TITLE 18 U.S.C. 371; 42 U.S.C. § 1320a-7b(b)(2)(A); as charged in the SINGLE-COUNT 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 guilty as charged and convicted and ordered that:
It is ordered that the defendant shall pay to the United States a special assessment of $400, which is due immediately.
It is ordered that the defendant shall pay restitution in the total amount of $15,947,785 plus interest as set forth in the parties' stipulated payment schedule attached to the Joint Objections of Plaintiff, The United States of America, and Defendant Los Angeles Doctors Hospital, Inc., to the Pre-Sentence Report and Position re: Sentencing Factors as Exhibit "A" filed as document
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.
Restitution shall be paid as set forth in said Ex. "A" above. .
Payments made to the government in satisfaction of Pacific Health Corporation's civil False Claims Act settlement shall be deemed payment toward restitution.
The defendant shall be held jointly and severally liable with co-participant Kenneth Thaler (Docket no. 10-240 GHK) for $10,588,109.93 of the restitution ordered. The amount of $10,588,109.93 is part of the $15,947,785 in restitution ordered herein and is NOT in addition thereto. The victim's 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.
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 restitution.
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant is hereby PLACED on:
for a term of FIVE (5) 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 318;
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 organization shall provide the supervision Probation Officer with a copy of PHC's Compliance Officer's annual report no later than 30 days after is preparation;
The organization shall update the supervision Probation Officer of payments made under the PHC civil False Claims Act settlement on a quarterly basis.
Defendant waives its right to appeal.
In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.
TERRY NAFISI, CLERK OF COURT
Filed Date Beatrice Herrera, Courtroom ...