United States District Court Central District of California
April 30, 2013
The opinion of the court was delivered by: David O. Carter, United States District Judge
(Last 4 digits)
Social Security No. 1 8 9 8
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. 04 30 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. §§ 1343: Wire Fraud; Aiding and Abetting/Causing an Act to be Done as charged in Counts 19,
20, 21 and 22 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:
the defendant shall pay to the United States a special assessment of $400, which is due immediately. Any balance shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Inmate Financial Responsibility Program.
the defendant shall pay restitution to victim(s) in the total amount of $117,000.00, pursuant to 18 U.S.C. § shall pay restitution to victim(s) as set forth in a separate victim list prepared by the probation office which this Court which reflects the Court's determination of the amount of restitution due to each victim(s). The victim list, which forwarded by the probation office to the fiscal section of the clerk's office shall remain confidential to protect the privacy
Restitution shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau
Inmate Financial Responsibility Program. If any amount of the restitution remains unpaid after release from custody, monthly payments of at least 10% of the defendant's gross monthly income, but not less than $300,whichever is greater,
during the period of supervised release. These payments shall begin 30 days after the commencement of
restitution payments are ordered as the court finds that the defendant's economic circumstances do not either immediate or future payment of the amount ordered.
shall be held jointly and severally liable with co-defendant Roman Aghajanyan. The victim's recovery is limited to
loss and the defendant's liability for restitution ceases if and when the victim receives full restitution.
18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have the pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. § 3612(g).
shall comply with General Order No. 01-05.
Guideline Section 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable not likely to become able to pay any fine.
the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Roland Aghajanyan, is hereby Counts 19 through 22 of the Indictment to the custody of the Bureau of Prisons for a term of 12 months and 1 day.
12 months and 1 day on each of Counts 19 through 22 of the Indictment, to be served concurrently.
Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three (3) years. This term
3 years on each of Counts 19 through 22 of the Indictment, all such terms to run concurrently, under the following conditions:
The defendant shall comply with the rules and regulations of the U.S. Probation Office and General Order 05-02;
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 defendant shall cooperate in the collection of a DNA sample from the defendant;
The defendant shall not engage, as whole or partial owner, employee or otherwise, in any business involving medical transportation 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 defendant shall apply all monies received from income tax refunds to the outstanding court-ordered financial obligation. In addition, the defendant shall apply all monies received from lottery winnings, inheritance, judgments and any anticipated or unexpected financial gains to the outstanding court-ordered financial obligation;
The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, not to exceed eight tests per month, as directed by the Probation Officer;
The defendant shall submit person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant and with or without reasonable or probable cause;
The defendant shall report to the United States Probation Office within 72 hours of his release from custody;
The defendant shall report in person directly to the Court within 21 days of his release from custody, at a date and time to be set by the United States Probation Office, and thereafter report in person to the Court no more than eight (8) times during his first year of supervised release; and
The defendant shall not possess, have under his control, or have access to any firearm, explosive device, or other dangerous weapon, as defined by federal, state, or local law.
ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons on or
on June 24, 2013. 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 United States Court House, 411 W. Fourth Street, Santa Ana,
recommends that the defendant be housed in the Southern California area due to close family ties.
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,
extend the period of supervision, and at any time during the supervision period or within the maximum period
law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.
that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other
Clerk, U.S. District Court
April 30, 2013 By Filed Date Deputy Clerk with the standard conditions that have been adopted by this court (set forth below).
STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE
While the defendant is on probation or supervised release pursuant to this judgment:
defendant shall not commit another Federal, state or local
10. the defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer;
defendant shall not leave the judicial district without the permission of the court or probation officer;
11. the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer;
defendant shall report to the probation officer as directed by or probation officer and shall submit a truthful and written report within the first five days of each
defendant shall answer truthfully all inquiries by the officer and follow the instructions of the probation
12. the defendant shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;
13. the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court;
defendant shall support his or her dependents and meet
responsibilities; defendant shall work regularly at a lawful occupation unless by the probation officer for schooling, training, or other acceptable reasons; defendant shall notify the probation officer at least 10 days
14. as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics, and shall permit the probation officer to make such notifications and to conform the defendant's compliance with such notification requirement;
any change in residence or employment; defendant shall refrain from excessive use of alcohol and not purchase, possess, use, distribute, or administer any or other controlled substance, or any paraphernalia to such substances, except as prescribed by a physician; defendant shall not frequent places where controlled are illegally sold, used, distributed or administered;
15. the defendant shall, upon release from any period of custody, report to the probation officer within 72 hours;
16. and, for felony cases only: not possess a firearm, destructive device, or any other dangerous weapon.
The defendant will also comply with the following special conditions pursuant to General Order 01-05 (set forth below).
STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL
defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the restitution is paid in full before the fifteenth (15 ) day after the date of the judgment pursuant to 18th U.S.C. §3612(f)(1).
may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §3612(g). Interest and penalties pertaining to restitution, however, are not applicable for offenses completed prior to April 24, 1996.
all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall as directed by the United States Attorney's Office. 18 U.S.C. §3613.
defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant's mailing residence until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. §3612(b)(1)(F).
The defendant shall notify the Court through the Probation Office, and notify the United States Attorney of any material the defendant's economic circumstances that might affect the defendant's ability to pay a fine or restitution, as required
§3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion
or the victim, adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 for probation 18 U.S.C. §3563(a)(7).
Payments shall be applied in the following order:
1. Special assessments pursuant to 18 U.S.C. §3013;
2. Restitution, in this sequence:
Private victims (individual and corporate), Providers of compensation to private victims, The United States as victim;
4. Community restitution, pursuant to 18 U.S.C. §3663(c); and
5. Other penalties and costs.
SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE
directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure; and (3) an accurate statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant
for any loan or open any line of credit without prior approval of the Probation Officer.
defendant shall maintain one personal checking account. All of defendant's income, "monetary gains," or other proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all accounts, including any business accounts, shall be disclosed to the Probation Officer upon request.
defendant shall not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.
These conditions are in addition to any other conditions imposed by this judgment.
Judgment and Commitment as follows:
on appeal on
on Defendant's appeal determined on on to
the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.
United States Marshal
Date Deputy Marshal
attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my
Clerk, U.S. District Court
Filed Date Deputy Clerk
FOR U.S. PROBATION OFFICE USE ONLY
Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend
of supervision, and/or (3) modify the conditions of supervision.
These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.
U. S. Probation Officer/Designated Witness Date
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