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United States of America v. Sanjay Kishor Shah

April 1, 2013

UNITED STATES OF AMERICA
v.
SANJAY KISHOR SHAH



The opinion of the court was delivered by: John A. Kronstadt, U. S. District Judge

JS-3

Social Security No. 3 0 0 0 (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 03 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/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:

False Statement on a Loan Application pursuant to 18 U.S.C. §1014 as charged in Count Two of the First Superseding Indictment.

The Court and counsel confer. Counsel present argument. Defendant addresses the Court. The Court places findings on the record and proceeds with sentencing. 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, Sanjay Kishor Shah, is hereby committed on Count Two of the First Superseding Indictment to the custody of the Bureau of Prisons to be imprisoned for a term of

Upon release from imprisonment, the Defendant shall be placed on supervised release for a term of two years under the following

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 participate for a period of one (1) month in a home detention program which includes electronic monitoring and shall observe all rules of such program, as directed by the Probation Officer;

The Defendant shall pay the costs of electronic monitoring to the contract vendor, not to exceed the sum of $12.00 for each day of participation in the electronic monitoring, GPS, and/or voice recognition program. The Defendant shall provide payment and proof of payment as directed by the Probation Officer;

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 cooperate in the collection of a DNA sample from the Defendant; and

The Defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving loan programs, or investment programs 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.

The drug testing condition mandated by statute is suspended based on the Court's determination that the Defendant poses a low risk of future substance abuse.

It is ordered that the Defendant shall pay to the United States a special assessment of $100, 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.

It is ordered that the Defendant shall pay restitution in the total amount of $163,419.41, pursuant to 18 U.S.C. § 3663A, which has been paid in full to the victim(s) as set forth in a separate victim list prepared by the Probation Office which this Court adopts and which reflects the Court's determination of the amount of restitution due to the victim(s).

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

It is ordered that the Defendant shall pay to the United States a total fine of $15,000, which shall bear interest as provided by law. Payment of the fine 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 fine remains unpaid after release from custody, monthly payments of $100 or 5 percent of the Defendant's gross monthly income, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision.

It is further ordered that the Defendant surrender himself to the institution designated by the Bureau of Prisons on or before 12 noon, on June 19, 2013. In the absence of such designation, Shah shall report on or before the same date and time, to the United States Marshal located at the ...


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