United States District Court, E.D. California
McGREGOR W. SCOTT United States Attorney HENRY Z. CARBAJAL
III ROBIN TUBESING Assistant United States Attorneys
Attorneys for Plaintiff United States of America
DEFENDANT ANA TERESA GORSHE:, FOR DEFENDANT RANDAL LOUIS
GORSHE:, APPROVED AS TO FORM AND CONTENT:, MARC XAVIER CARLOS
Attorney for Defendant
JOINT MOTION FOR THE DEPOSIT OF FUNDS INTO THE
COURT'S DEPOSIT FUND; AND ORDER THEREON
LAWRENCE J. O'NEILL UNITED STATES CHIEF DISTRICT JUDGE
United States of America and defendants Ana Teresa Gorshe and
Randal Louis Gorshe, through their authorized representatives
(“Movants”), hereby move for an order authorizing
Defendants to deposit a total of $250, 000.00 ($125, 000 from
Ana Teresa Gorshe and $125, 000 from Randal Louis Gorshe)
into the court's deposit fund pending the outcome of this
criminal prosecution. This Motion is based on the following
October 19, 2018, Defendants entered into plea agreement
pleading guilty to one count of Making and Subscribing a
False Tax Return, in violation of 26 U.S.C. § 7206(1).
ECF Nos. 4 and 5.
January 28, 2019, Defendants waived indictment. ECF Nos. 12
Pursuant to the plea agreements, restitution is estimated to
be between $300, 000.00 and $500, 000.00, Defendants agrees
to pay any fine imposed by the Court up to the statutory
maximum for Defendants' offense, and Defendants agrees to
pay a special assessment of $100.00. ECF No. 4 and 5.
Defendants presently have in their possession $250, 000.00
with which to partially satisfy restitution, fines, and the
special assessment that they are prepared to turn over to the
Clerk of the Court.
Sentencing is set for January 13, 2020. ECF No. 22.
Movants thus agree that:
Defendants shall pay the $250, 000.00 in partial satisfaction
of restitution, fines (if any), and the special assessment
(“Deposit”) by January 9, 2020, to the Clerk of
the Court as specified in the accompanying order. The Deposit
shall remain in the Court's deposit fund pending
Defendant's sentencing in this case, or upon further
order of the Court.
Deposit shall, upon sentencing, be applied towards the
restitution in the order stated in the Schedule of Payments
section of the Judgment in a Criminal Case.
Court, having reviewed the court files and the Movants'
Joint Motion for Deposit of Funds into the Court's
Deposit Fund, and good cause appearing therefrom, ...