UNITED STATES DISTRICT COURT
________NORTHERN_____ District of ____WEST VIRGINIA___
UNITED STATES 0F AMERICA JUDGMENT IN A CRIMINAL CASE
V. (For Offenses Committed On or after
November 1, 1987)
STEVEN L. NAMACK Case Number: 5:03CR00005
John J. Pizzurri
Defendant’s
Attorney
THE DEFENDANT:
[X] pleaded guilty to counts____1 and 2____
[ ] pleaded nolo contender to count(s)_________
which was accepted by the court.
[ ] was found guilty on count(s)__________
after a plea of not guilty.
ACCORDINGLY, the court has adjudicated that the defendant
is guilty of the following offense(s):
Date
Offense Count
Title & Section Nature of Offense Concluded Number(s)
18 USC §664 THEFT OR EMBEZZLEMENT 11/21/2000 1
FROM EMPLOYEE BENEFIT PLAN
29 USC §501(c) EMBEZZLEMENT OF ASSETS FROM 12/27/2000 2
LABOR ORGANIZATION
The defendant is sentenced as
provided in pages 2 through 6 of this judgment. The
sentence is imposed pursuant to the Sentencing Reform Act
of 1984.
[ ] The defendant has been found not guilty on count(s) _____
[ ] Count ______ [ ] is [ ] are dismissed upon the
motion of the United
States.
IT IS ORDERED that the defendant shall
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 shall notify the court and United States attorney of material change in the
defendant’s economic circumstances.
Defendant’s Soc. Sec. No.: XXX-XX-XXXX July
11, 2003
Defendant’s Date of Birth: XX/XX/XXXX Date of Imposition of Judgment
Defendant’s USN No.: XXXXX-XXX /SIGNED/_______________
Defendant’s Residence Address: Signature of Judicial Officer
___________________________________
___________________________________ FREDERICK
P. STAMP, JR.,
___________________________________ U.S. DISTRICT JUDGE
___________________________________ Name and Title of Judicial Officer
Defendant’s Mailing Address: July
14, 2003___________
___________________________________ Date
___________________________________
___________________________________
___________________________________
IMPRISONMENT
The defendant is hereby committed to
the custody of the United States Bureau of Prisons to be imprisoned for a term
of 18 MONTHS____
(Sentenced to 8 months on Count 1 and 18 months on Count 2
to be served concurrently. This sentence shall run concurrently to the sentence
imposed pursuant to the judgment in Case No. OO-CR-207, Court of Common Pleas for
Belmont County, OH)
[X] The court makes the following recommendations to The
Bureau of Prisons: None.
[X] The defendant is remanded to the custody of the
United States Marshal.
[ ] The defendant shall surrender to the United States
Marshal for this district:
[ ] at _______________ [ ] a.m. [ ] p.m. on
__________________.
[ ] as notified by the United
States Marshal.
[ ] The defendant shall surrender for service of sentence at the institution
designated by the Bureau of Prisons:
[ ] before 2pm on ______________________.
[ ] as notified by the United
States Marshal.
[ ] as notified by the Probation
or Pretrial Services Office.
[ ] or _________________, as directed
by the U. S. Marshals Service.
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
UNITES STATES MARSHAL
SUPERVISED
RELEASE
Upon release from imprisonment, the defendant shall be on
supervised release for term of 3 YEARS_ (3 Years on Count 1 and 3 Years
on Count 2 to be served concurrently).
The defendant shall report to the
probation office in the district to which the defendant is released within 72
hours of release from the custody Bureau of Prisons.
The defendant shall not commit another federal, state or
local crime.
The defendant shall not illegally possess a controlled
substance.
For offenses committed on or after September 13, 1994;
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.
[ ] The above drug testing condition is suspended, based
on the court’s determination
that the defendant poses a low risk of future
substance abuse.
[X] The defendant shall not possess a firearm, destructive
device, or any other dangerous
weapon.
If the judgment
imposes a fine or a restitution obligation, it shall be a condition of supervised
release that the defendant pay any such fine or restitution that remains unpaid
at commencement of the term of supervised release in accordance with the
Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this
judgment.
The defendant
shall comply with the standard conditions that have been adopted by this court
(set forth below). The defendant shall also comply with the additional conditions
on the attached page.
STANDARD CONDITIONS OP SUPIRVISION
1) 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 regularly at a lawful occupation,
unless excused by the probation office for schooling, training, or other acceptable
reasons;
6) the defendant shall notify the probation officer at least ten days
prior to any change in residence or employment;
7) the defendant shall refrain from 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 substances are 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 of the probation officer;
11) the defendant shall notify the probation officer within
seventy-two hours of being 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;
13) 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 confirm the defendant’s compliance
with such notification requirement.
SPECIAL CONDITIONS OF SUPERVISION
THE DEFENDANT SHALL PARTICIPATE IN A PROGRAM OF TESTING,
COUNSELING AND TREATMENT FOR
DRUG ABUSE, AS DIRECTED BY THE PROBATION OFFICER, UNTIL SUCH
TIME AS THE DEFENDANT IS
RELEASED FROM THE PROGRAM BY THE PROBATION OFFICER.
CRIMINAL
MONETARY PENALTIES
The defendant shall pay the following total criminal
monetary penalties in accordance with the schedule of payments set forth in Sheet
6.
Assessment Fine Restitution
TOTAL $ 200.00 $ NONE $132,255.24
[ ] The determination of restitution is deferred ____. An Amended
Judgment in a Criminal Case (AO 245C) will be after such determination.
[X] The defendant shall make restitution (including community restitution)
to the following people 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 18 U.S.C. § 3664(i), all nonfederal victims must
be paid in full prior to the United States
receiving payment.
Priority Order
*Total Amount of
or Percentage
Name of Payee Amount of Loss Restitution
Ordered of Payment
Roofers Local 188 of $108,036.18 $108,036.18 1st
the United Union of
Roofers, Waterproofers
and Allied Workers
Roofers Local 188 of $108.00 $108.00 2nd
the United Union of
Roofers, Waterproofers
and Allied Workers
Zurich American $24,111.06 $24,111.06 3rd
Insurance Company
c/o The Fidelity and
Deposit Company of
America
TOTALS $132,255.24 $132,255.24
[ ] if applicable, restitution amount ordered pursuant
to plea ______________
[ ] The defendant shall pay interest on any fine or restitution of more
than $2,500, unless the fine or restitution is paid in full before the fifteenth
day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the
payment options on Sheet 5, Part B may be subject to penalties for delinquency
and default, pursuant to l8 U.S.C. § 3612(g).
[X] The court determined that the defendant does not have the
ability to pay interest, and it is ordered that:
[X] the interest requirement is
waived for the [ ] fine and/or [X] restitution.
* Findings for the total amount of losses are required
under Chapters 109A, 110, 11OA, and 113A of Title 11, United States Code, for offenses
committed on or after September
13, 1994 but before April 23, 1996.
RESTITUTION ADDRESS
Roofers Local 18 of the United Union of Roofers,
Waterproofers and Allied Workers
AFL-CIO
JATC Apprentice Training Fund
2003 Warwood Avenue
Wheeling, WV 26OO3
Roofers Local 8 of the United Union o Roofer,
Warerproofers and Allied Workers
AFL-CIO
General Fund
2003 Warwood Avenue
Wheeling, WV 26003
Zurich American Insurance Company
c/o The Fidelity and Deposit Company of America
P.O. Box 17097
Baltimore, MD 21297-1097
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of
the total criminal monetary penalties shall be due as follows:
A [ ] Lump sum payment of $ _____________ due immediately,
balance due
[ ] no later than ______________, or
[ ] in accordance with []C, []D, []E, or []F below; or
B [X] Payment to begin immediately (may be combined
with []C,[]D, []E, or []F
below; or
C [ ] Payment in _____ (e.g., equal, weekly,
monthly, quarterly) installments of
$ _____ over
a _____ (e.g., months or years), to commence _60_ (e.g., 30 or 60 days)
after the
D [X] Payment for restitution in _monthly_
(e.g., equal, weekly, monthly,
quarterly) installments of $ _25_ over
a 36 month period (e.g., months,
years), to commence 60 (e.g., 30 or 60
days) after release from imprisonment
to a term of supervision; or
E [X] Special instructions regarding the payment of
criminal monetary penalties:
Financial
obligations ordered are to be paid while the defendant is incarcerated; and if
payment is not completed during incarceration, it is to be completed by the end
of the term of Supervised Release.
All
Criminal Monetary Penalty payments are to be made to the Clerk, U.S. District
Court, Northern District of West Virginia, P.O. Box 1518, Elkins, WV 26241.
F [ ] Special instructions regarding the payment of
criminal monetary penalties:
The
defendant shall immediately begin making restitution and/or fine payments of $
______ a month, due on the first of each month. These payments will be made
during incarceration, and if necessary, during Supervised Release.
All Criminal Monetary Penalty payments are to
be made to the Clerk, U.S.
District Court, Northern District of West
Virginia, P.O. Box
1518, Elkins, WV
26241.
The defendant shall receive credit for all payments
previously made toward any criminal monetary penalties imposed.
[ ] Joint and Several
Defendant Name, Case Number, and Joint and Several Amount:
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant’s interest
in the following property to
the United States:
Payments shall be applied in the following order: (1)
assessment, (2) restitution principal, (3) restitution interest, (4) fine
principal, (5) community restitution, (6) fine interest, (7) penalties, and (8)
costs, including costs of the prosecution and court costs.
