United States v. Sharim

2:13-cr-00745 | C.D. Cal. | May 1, 2017

United States District Court Central District of California

UNITED STATES OF AMERICA vs. Docket No. CR 13-00745-ODW Defendant Farhad N Dany Sharim Social Security No. 3 5 2 1

(Last 4 digits) akas: 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. May 1 2017 COUNSEL Jeremy D Matz / Ronald J Nessim - retained (Name of Counsel) PLEA X GUILTY, and the court being satisfied that there is a factual basis for the plea. NOLO NOT CONTENDERE GUILTY FINDING There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of: Count 1: 18:371: CONSPIRACY JUDGMENT The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the AND PROB/ 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 COMM ORDER custody of the Bureau of Prisons to be imprisoned for a term of:

30 months on Count One of the single-count Information . 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. RESTITUTION: It is ordered that the defendant shall pay restitution pursuant to 18 U.S.C. § 3663 (A). Defendant shall pay restitution in the total amount of $ 1,901,779.79 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. The amount of restitution ordered shall be paid as follows: Victim Amount

Anthem, Inc. (Private) $642,601.27 Blue Cross Blue Shield $347,868.58 (FEHBP Claims) Aetna (Private) $270,463.18 Blue Shield of CA (Private) $221,634.76 Blue Cross Blue Shield of $162,325.84 Massachusetts (Private) United Health Group $77,124.28 (OptumRx) CMS / Medicare $34,959.85 Great West Healthcare $24,573.55 (Cigna) Curtiss Wright Corporation $22,204.74 EBA&M Corporation $22,041.55 Time Warner Cable $21,471.66 Alcatel-Lucent (1573) $20,893.15 (Nokia) EMBARQ (Century Link) $10,363.70 Eaton Corporation $8,556.84 Enterprise Holdings $6,911.08 Northrop Grumman $4,989.49 Corporation WCA Group Health Trust $1,306.95 (5726) Boeing Company $1,199.73 Government Employees $289.59 Health Association (FEHBP Claims)

The Court finds from a consideration of the record that the defendant's economic circumstances allow for restitution payments pursuant to the following schedule: A partial payment of $200,000 shall be paid immediately. 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. The amount of restitution remaining unpaid after release from custody shall be paid within 180 days after the commencement of supervision, subject to his ability to pay. If the defendant makes a partial payment, each payee shall receive approximately proportional payment. The defendant shall be held jointly and severally liable with co-participant Michael Huynh (Docket No. 14-00548) for the amount of restitution ordered in this judgment. The victims' recovery is limited to the amount of their loss and the defendant's liability for restitution ceases if and when the victims receive full restitution. 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 to 18 U.S.C. § 3612(g). The defendant shall comply with General Order No. 01-05. Pursuant to Guideline §5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is unable to pay and is not likely to become able to pay any fine. The Court recommends that the Bureau of Prisons conduct a mental health evaluation of the defendant and provide all necessary treatment. Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years 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 General Order 01-05.

2. The defendant shall participate in mental health treatment, which may include evaluation and counseling, until discharged by the treatment by the treatment provider, with the approval of the Probation Officer.

3. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered treatment to the aftercare contractors during the period of community supervision. The defendant shall provide payment and proof of payment as directed by the Probation Officer.

4. 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. 5. 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.

6. The defendant shall cooperate in the collection of a DNA sample from himself. The Court recommends defendant to be housed in Lompoc. The drug testing condition mandated by statute is suspended based on the Court's determination that the defendant poses a low risk of future substance abuse. It is further ordered that the defendant surrender himself to the institution designated by the Bureau of Prisons at or before 12 noon on September 5, 2017 . 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 the Roybal Federal Building, 255 East Temple Street, Los Angeles, California 90012. Pursuant to 18 U.S.C. § 3553(a), the Court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The Court, in determining the particular sentence to be imposed, shall consider --

1. The nature and circumstances of the offense and the history and characteristics of the defendant; 2. The need for the sentence imposed --

a. To reflect the seriousness of the offense; to promote respect for the law, and to provide just punishment for the offense; b. To afford adequate deterrence to criminal conduct; c. To protect the public from further crimes of the defendant; and d. To provide the defendant with needed correctional treatment in the most effective manner.

3. The kinds of sentences available; 4. The guideline sentencing range; 5. The need to avoid unwarranted sentence disparities among defendants with similar records who have been

found guilty of similar conduct; and 6. The need to provide restitution to any victims of the offense. 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, reduce or extend the period of supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke supervision for a violation occurring during the supervision period.

May 1, 2017 Date U. S. District Judge It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer. Clerk, U.S. District Court May 1, 2017 By S. English /s/ Filed Date Deputy Clerk

The defendant shall comply 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:

1. The defendant shall not commit another Federal, state or local crime; 10. the defendant shall not associate with any persons engaged in criminal 2. the defendant shall not leave the judicial district without the written activity, and shall not associate with any person convicted of a felony

permission of the court or probation officer; unless granted permission to do so by the probation officer; 11. the defendant shall permit a probation officer to visit him or her at any 3. the defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete time at home or elsewhere and shall permit confiscation of any written report within the first five days of each month; contraband observed in plain view by the probation officer;

4. the defendant shall answer truthfully all inquiries by the probation 12. the defendant shall notify the probation officer within 72 hours of officer and follow the instructions of the probation officer; being arrested or questioned by a law enforcement officer; 5. the defendant shall support his or her dependents and meet other 13. the defendant shall not enter into any agreement to act as an informer family responsibilities; or a special agent of a law enforcement agency without the permission 6. the defendant shall work regularly at a lawful occupation unless of the court; excused by the probation officer for schooling, training, or other 14. as directed by the probation officer, the defendant shall notify third acceptable reasons; parties of risks that may be occasioned by the defendant’s criminal

7. the defendant shall notify the probation officer at least 10 days prior record or personal history or characteristics, and shall permit the to any change in residence or employment; probation officer to make such notifications and to conform the 8. the defendant shall refrain from excessive use of alcohol and shall not defendant’s compliance with such notification requirement; purchase, possess, use, distribute, or administer any narcotic or other 15. the defendant shall, upon release from any period of custody, report controlled substance, or any paraphernalia related to such substances, to the probation officer within 72 hours; except as prescribed by a physician; 16. and, for felony cases only: not possess a firearm, destructive device,

9. the defendant shall not frequent places where controlled substances or any other dangerous weapon. are illegally sold, used, distributed or administered; 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 SANCTIONS

The defendant shall pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or

restitution is paid in full before the fifteenth (15 th ) day after the date of the judgment pursuant to 18 U.S.C. §3612(f)(1). Payments 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.

If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant shall pay the balance as directed by the United States Attorney’s Office. 18 U.S.C. §3613. The defendant shall notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or 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 change in the defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. §3664(k). The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim, adjust the manner of payment of a fine or restitution-pursuant to 18 U.S.C. §3664(k). See also 18 U.S.C. §3572(d)(3) and 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;
3. Fine; 4. Community restitution, pursuant to 18 U.S.C. §3663(c); and 5. Other penalties and costs.

SPECIAL CONDITIONS FOR PROBATION AND SUPERVISED RELEASE

As directed by the Probation Officer, the defendant shall provide to the Probation Officer: (1) a signed release authorizing credit report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement, with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant shall not apply for any loan or open any line of credit without prior approval of the Probation Officer.

The defendant shall maintain one personal checking account. All of defendant’s income, “monetary gains,” or other pecuniary proceeds shall be deposited into this account, which shall be used for payment of all personal expenses. Records of all other bank accounts, including any business accounts, shall be disclosed to the Probation Officer upon request.

The 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.

RETURN

I have executed the within Judgment and Commitment as follows: Defendant delivered on to Defendant noted on appeal on Defendant released on Mandate issued on Defendant’s appeal determined on Defendant delivered on to

at the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

United States Marshal By Date Deputy Marshal

CERTIFICATE

I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my legal custody.

Clerk, U.S. District Court By 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 the term 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. (Signed)

Defendant Date U. S. Probation Officer/Designated Witness Date