United States District Court, E.D. California
PHILLIP A. TALBERT Acting United States Attorney MATTHEW M.
YELOVICH Assistant United States Attorney Attorneys for
Plaintiff United States of America
DAVID
D. FISCHER Attorney for Lee Yang
STIPULATION AND ORDER REGARDING RESTITUTION
TROY
L. NUNLEY UNTIED STATES DISTRICT JUDGE
The
United States of America, by and through Assistant United
States Attorney Matthew M. Yelovich, and defendant Lee Yang,
by and through his counsel David D. Fischer, respectfully
request that the Court amend its previous order of
restitution entered May 19, 2016, and order defendant Lee
Yang to pay restitution in the amount of $200, 929.24, first
to the victims listed in Attachment A-1, and second to the
victims listed in Attachment A-2, for the following reasons:
1. The
defendant pleaded guilty pursuant to a plea agreement. In
that agreement, the defendant agreed to pay the full amount
of restitution to all victims affected by his offense, which
the parties then estimated to be approximately $186, 000.
See Plea Ag., ECF No. 61, 2-3. He agreed to be
jointly and severally liable for that amount with his
co-defendants. See id. at 3.
2. The
Court sentenced the defendant on March 10, 2016, and ordered
him to pay restitution jointly and severally with his
co-defendants, with an exact amount and recipient information
to be filed later by the parties. See ECF Nos. 84
(minutes from sentencing hearing); 85 (Judgment), 5-6.
3. On
May 19, 2016, upon filing by the parties of a stipulation and
proposed order, the Court ordered the defendant to pay
restitution in the amount of $199, 334.43, with any
restitution owed to a victim to be owed jointly and severally
with any co-defendant who has been ordered to pay restitution
to the same victim. See ECF No. 98. The parties were
ordered to provide the Clerk of the Court and Probation
Office, within seven days of the order, an itemized list of
the victims, victims’ addresses, and amounts owed to
each victim. See id.
4.
Since the entry of that order, the Clerk of the Court has
requested that the parties revise the proposed itemized list
to address certain usability and clerical concerns, namely,
to provide more certainty and clarity in the itemized list so
as to remove any risk of there being discretion on the
Clerk’s part in whom to send restitution and in what
order.
5.
Accordingly, the parties have conferred regarding a revised
itemized list containing the proper restitution amount and
victim payment order, consistent with 18 U.S.C. §
3664(j)(1). The government has also conferred with the
Probation Office and Clerk of Court regarding the revised
itemized list. In addition, the government has continued to
communicate with and receive information from victims
affected by this offense. Pursuant to those discussions and
continued victim outreach, the parties hereby stipulate and
agree to request that the Court amend its May 19, 2016 Order,
see ECF No. 98, to instead order that defendant Lee
Yang shall be liable for restitution in the amount of $200,
929.24, and that any restitution owed to a victim is owed
jointly and severally with any co-defendant who has been
ordered to pay restitution to the same victim.
6.
Further, the parties will send to the Clerk of Court
concurrently with the filing of this stipulation a two-part
itemized list of the victims, victims’ addresses, and
amounts owed to each victim, titled Attachments A-1
(individual victims) and A-2 (“provider[s] of
compensation” under 18 U.S.C.
§
3664(j)(1)). The parties request that the Court order that
restitution pursuant to this order shall be paid according to
this itemized list, in the following sequence, in accordance
with 18 U.S.C. § 3664(j)(1): no victim listed on
Attachment A-2 shall be paid until all restitution owed to
victims listed on Attachment A-1 has been paid.
7.
Payment shall be made by cashier’s check payable to the
Clerk of the Court for the Eastern District of California.
Per the plea agreement, the defendant shall not seek to
discharge any restitution obligation or any part of such
obligation in any bankruptcy. Pursuant to 18 U.S.C. §
3664(k), the defendant also understands that he must notify
the Court and the Attorney General of any material change in
his economic circumstances that might affect his ability to
pay restitution.
IT IS
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