The opinion of the court was delivered by: S. James Otero U. S. District Judge/Magistrate Judge
Social Security No. 5 6 9 9 (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. April 25, 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:
18 U.S.C. § 371: Conspiracy to Defraud the United States as charged in Count One of the 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 $100, which is
Defendant shall pay restitution in the total amount of $60,705 pursuant to 18 U.S.C. § 3663A, to victims 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 each victim. The victim list, which shall be forwarded to the fiscal section of the clerk's office, shall remain confidential to protect the privacy interests of the victims.
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% of defendant'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. Additional payments are not ordered by the Court because of defendant's economic status.
For the amount of restitution ordered in this judgment, the defendant shall be held jointly and severally liable with co-participants, Haroon Amin and Ather Ali (Docket No. ED CR-08-00242), in the amount of $52,690, and shall be held solely liable in the amount of $8,015.
All fines are waived as it is found that the defendant does not have the ability to pay a fine in addition
Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Masood Chotani, is hereby committed on Count One of the Indictment to the custody of the Bureau of Prisons for a term of 24 months.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of one year under the following terms and conditions:
1. The defendant shall comply with the rules and regulations of the United States Probation Office, General Order 05-02, and General Order 01-05, including the three special conditions delineated in
2. The defendant shall not commit any violation of local, state, or federal law or ordinance.
3. During the period of community supervision, the defendant shall pay restitution and the special assessment in accordance with this judgment's orders pertaining to such payment.
4. When not employed or excused by the Probation Officer for schooling, training, or other acceptable reasons, the defendant shall perform 20 hours of community service per week as directed by the Probation Office.
5. The defendant shall not prepare, or participate in any activity where anyone has prepared, federal or state income tax returns or other financial or accounting documents for anyone other than himself and his legal spouse or children.
6. The defendant shall not obtain or possess any driver's license, Social Security number, birth certificate, passport, or any other form of identification in any name, other than the defendant's true legal name; nor shall the defendant use, for any purpose or in any manner, any name other than his true legal name or names without the prior approval of the Probation Officer.
7. 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.
8. The defendant shall not be employed in any position that requires licensing and/or certification by any local, state, or federal agency without the prior written approval of the Probation Officer.
9. The defendant shall truthfully and timely file and pay taxes owed for tax years 2009 through 2011 or to cooperate with the Internal Revenue Service to set up a payment plan; and to truthfully and timely file and pay taxes during the period of community supervision. Further, the ...