EFTA00724833.pdf

Case 9:09-cr-80025-KAM Document 34 Entered on FLSD Docket 10/29/2009 Page 1 of 6 USDC FLSD 2458 tan. 09)08j ludgmea in a Crawl Case Pup lot 6 United States District Court Southern District of Florida WEST PALM BEACH DIVISION AMENDED UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE v. Case Number - 9:09-80025-CR-MARRA-1 GEORGIA GAINES USM Number: 73386-004 Counsel For Defendant: James L. Eisenberg. Esq. Counsel For The United States: Lauren Jorgensen. AUSA Court Reporter. Stephen Franklin Date of Original Judgment: September 29, 2009 Reason for Amendment: Correction of Sentence for Clerical Mistake (Fed. R. Crim. P. 36) - Judgment amended to correct Marshal Number. The defendant pleaded guilty to Counts 1-5, 17, 21, 24, 28, 37 of the Indictment on June 18,2009. The defendant is adjudicated guilty of the following offenses: TITLE/SECTION NATURE OF NUM BER OFFENSE OFFENSE ENDED COUNT 26 U.S.C. § 7206(1) False statement on a tax May 11, 2007 1,2,3,4,5 return 26 U.S.C. § 7206(2) Preparing false and February2,2006 17, 21,24, 28 and 37 fraudulent tax returns The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. Remaining counts are dismissed on the motion of the United States. It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of any material changes in economic circumstances. Date of Imposition of Sentence: 9/29/09 rZ KENNETH A. MARRA United States District Judge October 28, 2009 EFTA00724833 Case 9:09-cr-80025-KAM Document 34 Entered on FLSD Docket 10/29/2009 Page 2 of 6 USDC FLSD 2458 they. 09)0j - ludgmea in a Canna Case Pap Sof 6 DEFENDANT: GEORGIA GAINES CASE NUMBER: 9:09-80025-CR-MARRA-1 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau ofPrisons to be imprisoned for a term of 12 months and one day as to Counts 1, 2, 3, 4, 5, 17, 21, 24, 28 and 37, to be served concurrently. The Court makes the following recommendations to the Bureau ofPrisons: The defendant be designated to a facility in South or Central Florida as close to family as possible. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons on or before 2:00 P.M. on December 4, 2009 or as notified by the United States Marshal. RETURN I have executed this judgment as follows: Defendant delivered on to at with a certified copy of this judgment. UNITED STATES MARSHAL By: Deputy U.S. Marshal EFTA00724834 Case 9:09-cr-80025-KAM Document 34 Entered on FLSD Docket 10.29/2009 Page 3 of 6 USDC FLSD 2458 they. 09)0S ludgmem m a Cram] Cam Pup Set DEFENDANT: GEORGIA GAINES CASE NUMBER: 9:09-80025-CR-MARRA-1 SUPERVISED RELEASE Upon release from imprisonment, the defendant shall be on supervised release for a term of One (I) year as to Counts 1, 2, 3, 4, 5, 17, 21, 24, 28 and 37, to be served concurrently. The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons. The defendant shall not commit another federal, state or local crime The defendant shall not unlawfully possess a controlled substance. 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, as determined by the court. The defendant shall not possess a firearm. ammunition, destructive device, or any other dangerous weapon. The defendant shall cooperate in the collection of DNA as directed by the probation officer. If this judgment imposes a fine or a restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment. The defendant must comply with the standard conditions that have been adopted by this court as well as any additional conditions on the attached page. STANDARD CONDITIONS OF SUPERVISION I. The defendant shall not leave the judicial district without the permission of the court or probation officer, 2. The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3. The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4. The defendant shall support his or her dependents and meet other family responsibilities: 5. The defendant shall work regularlyat a lawful occupation. unless excused by the probation officer for schooling, training, or other acceptable reasons: 6. The defendant shall notify the probation officer at least ten (10) days prior to any change in residence or employment; 7. The defendant shall refrain from the excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician; 8. The defendant shall not frequent places where controlled substances arc illegally sold, used, distributed, or administered; 9. 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: 10. 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; I I. The defendant shall notify the probation officer within seventy-two (72) hours ofbeing arrested or questioned by a law enforcement officer; 12. 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: and 13. As directed by the probation officer, the defendant shall notify third panics ofrisks that may be occasioned by thedefendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement. EFTA00724835 Case 9:09-cr-80025-KAM Document 34 Entered on FLSD Docket 10/29/2009 Page 4 of 6 USDC FLSD 2458 On. 09)ID ludgmea in a Crown] Case Pap -Sof 6 DEFENDANT: GEORGIA GAINES CASE NUMBER: 9:09-80025-CR-MARRA-I SPECIAL CONDITIONS OF SUPERVISION The defendant shall also comply with the following additional conditions of supervised release: Cooperation with the IRS - The defendant shall cooperate fully with the Internal Revenue Service in determining and paying any tax liabilities. The defendant shall provide to the Internal Revenue Service all requested documents and information for purposes of any civil audits, examinations, collections, or other proceedings. It is further ordered that the defendant file accurate income tax returns and pay all taxes, interest, and penalties due and owing by him/her to the Internal Revenue Service. Employment Requirement-The defendant shall maintain full-time, legitimate employment and not be unemployed for a term of more than 30 days unless excused for schooling, training or other acceptable reasons. Further, the defendant shall provide documentation including, but not limited to pay stubs, contractual agreements, W-2 Wage and Earnings Statements, and other documentation requested by the U.S. Probation Officer. Financial Disclosure Requirement - The defendant shall provide complete access to financial information, including disclosure of all business and personal finances, to the U.S. Probation Officer. EFTA00724836 Case 9:09-cr-80025-KAM Document 34 Entered on FLSD Docket 10/29/2009 Page 5 of 6 USDC FLSD 2458 they. 09)03j ludgmem m a Carona Cam Pap Sof 6 DEFENDANT: GEORGIA GAINES CASE NUMBER: 9:09-80025-CR-MARRA-I CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on the Schedule of Payments sheet. Total Assessment Total Fine Total Restitution S1,000.00 $241,841.00 It is further ordered that the defendant shall pay restitution in the amount of $241,841.00. The Defendant shall receive credit for any restitution payments made by taxpayers for whom she prepared tax returns. During the period of incarceration, payment shall be made as follows: (I) if the defendant earns wages in a Federal Prison Industries (UNICOR) job, then the defendant must pay 50% of wages earned toward the financial obligations imposed by this Judgment in a Criminal Case; (2) if the defendant does not work in a UNICOR job, then the defendant must pay $25.00 per quarter toward the financial obligations imposed in this order. Upon release of incarceration, the defendant shall pay restitution at the rate of 10% of monthly gross earnings, until such time as the court may alter that payment schedule in the interests ofjustice. The U.S. Bureau of Prisons, U.S. Probation Office and U.S. Attorney's Office shall monitor the payment of restitution and report to the court any material change in the defendant's ability to pay. These payments do not preclude the government from using other assets or income of the defendant to satisfy the restitution obligations. The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to IS U.S.C. § 3664(I), all nonfederal victims must be paid before the United States is paid. Priority Order Total Amount Amount of or Percentage Name of Payee of Loss Restitution Ordered of Payment To victim as listed in $241,841.00 $241,841.00 presentence report •Findings for the total amount of losses are required under Chapters 109A, 110, IIOA. and 113A of Title IS, United States Code, for offenses committed on or after September 13. 1994. but before April 23, 1996. EFTA00724837 Case 9:09-cr-80025-KAM Document 34 Entered on FLSD Docket 10/29/2009 Page 6 of 6 USDC FtSD 2458 Oct. 09)03j ludgmem m a Crams] Cam Pap 6 of 6 DEFENDANT: GEORGIA GAINES CASE NUMBER: 9:09-80025-CR-M ARRA-1 SCHEDULE OF PAYMENTS Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties are due as follows: A. Lump sum payment of $1,000.00 due immediately. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau ofPrisons' Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. The assessment/fine/restitution Is payable to the CLERK, UNITED STATES COURTS and Is to be addressed to: U.S. CLERK'S OFFICE ATTN: FINANCIAL SECTION 400 NORTII MIAMI AVENUE, ROOM 8N09 MIAMI, FLORIDA 33128-7716 The assessment/fine/restitution is payable Immediately. The U.S. Bureau of Prisons, U.S. Probation Office and the U.S. Attorney's Office are responsible for the enforcement of this order. Payments shall be applied in the following order: (I) assessment, (2) restitution principal,(3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution,(7) penalties, and (8) costs, including cost of prosecution and court costs. EFTA00724838