Social Security No. 1 7 9 0 (Last 4 digits)
JUDGMENT AND PROBATION/COMMITMENT ORDER
In the presence of the attorney for the government, the defendant appeared in person on this date. 03 25 2013
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: Embezzlement by a Credit Union Employee, in Violation of 18 U.S.C. § 657, 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: 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 $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 $1,052,790.56 pursuant to 18 U.S.C.
The amount of restitution ordered shall be paid as follows:
Chaffey Federal Credit Union $93,612.85
Cumis Insurance Society, Inc. $959,612.85
A partial payment of $50,000 shall be paid immediately as soon as the Defendant's retirement account has been released and made available to the Defendant or the Government, for the satisfaction of the judgment. The 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. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least 10% of defendant's gross monthly income, but not less than $500, whichever is greater, shall be made during the period of supervised release. These payments shall begin 30 days after the commencement of supervision. The Probation Office and the Government shall work together, to satisfy the restitution amount.
Pursuant to 18 U.S.C. § 3664(j)(1), it is ordered that restitution shall be paid to Chaffey Federal Credit Union before any restitution is paid to Cumis Insurance Society, Inc. (Cumis). Further, pursuant to 18 U.S.C. § 3664(j)(2), any amount paid to a victim shall be reduced by any amount later recovered as compensatory damages for the same loss, as a result of Federal civil proceeding involving Chaffey Federal Credit Union in the United States District Court, Central District of California, docket number ED CV 11-1767-VAP.
The amount of restitution ordered shall be paid as set forth on the list attached to 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, Carol Ann Ferraro, is hereby committed on Count 1 of the Information to the custody of the Bureau of Prisons to be imprisoned for a term of 30 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of five years 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 supervision the defendant shall pay the special assessment and restitution 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 truthfully and timely file and pay taxes owed for the years of conviction; and shall truthfully and timely file and pay taxes during the period of community supervision. Further, the defendant shall show proof to the Probation Officer of compliance with this order;
The defendant shall not be employed by, own or control, or otherwise participate, directly or indirectly, in the conduct of the affairs of any financial institution insured by the National Credit Union Administration Board;
The defendant shall not be employed in any capacity wherein she has custody, control or management of her employer's funds;
The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the ...