UNITED STATES DISTRICT COURT

 NORTHERN             District of            OHIO

 

  UNITED STATES OF AMERICA          JUDGMENT IN A CRIMINAL CASE

V.

  MICHAEL KMIT.                     Case Number:  1:04cr334

USM Number:   39739-060

                                    Darin Thompson

Defendant’s Attorney

 

THE DEFENDANT:

 X    pleaded guilty to count(s) 1 of the superseding indictment

 □    pleaded nolo contendere to count(s) _____ which was accepted by the court.

 □    was found guilty on count(s) ______________________

after a plea of not guilty.

 

The defendant is adjudicated guilty of these offenses:

 

Title & Section       Nature of Offense      Offense Ended     Count

29 USC 501(c)         Embezzlement from        12/23/02         1

Labor Union

 

 

The defendant is sentenced as provided in pages 2 through 5 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(s)__________ □ is  □ 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 material changes in economic circumstances.

 

11/22/04

                              Date of Imposition of Judgement

 

                              /SIGNED/________________

Signature of Judge

 

Dan Aaron Polster, US District Judge

Name and Title of Judge

 

                              11/23/04

Date

 

 

 

PROBATION

 

The defendant is hereby sentenced to probation for a term of:

2 years.

If the Court had used the U.S. Sentencing guidelines as advisory only, the defendant’s sentence would have been the same.

 

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 placement on probation and at least two periodic drug tests thereafter, as determined by the court.

□     The above drug testing condition is suspended, based on the court’s determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.)

X    The defendant shall not possess a firearm, destructive device, or any other dangerous weapon. (Check, if applicable.)

□     The defendant shall cooperate in the collection of DNA as directed by the probation officer. (Check, if applicable.)

□     The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a student, as directed by the probation officer. (Check, if applicable.)

□     The defendant shall participate in an approved program for domestic violence. (Check, if applicable.)

 

If this judgment imposes a fine or restitution, it is a condition of probation 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 with any additional conditions on the attached page.

 

 

STANDARD CONDITIONS OF SUPERVISION

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 officer 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 controlled 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; and

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

 

X    The defendant shall provide the probation officer with access to any requested financial information.

X    The defendant shall not incur new credit charges or open additional lines of credit without the approval of the Probation Officer.

___   The defendant shall reside in a community treatment center, halfway house, or similar facility of a period of____ days/months to begin not later than ___________. (Work/medical release privileges granted).

X    The defendant shall participate in the Home Confinement Program with electronic monitoring for a period of 6 months beginning no later than 30 calendar days from release from sentencing. The defendant is required to remain at residence unless given written permission to be elsewhere. The defendant may leave residence to work, to receive medical treatment, and to attend religious services. The defendant shall wear an electronic monitoring device, follow electronic monitoring procedures and submit to random drug/alcohol test as specified by the Probation Officer. The defendant may participate in the Earned Leave Program. The defendant is to pay the cost of the program. Payment is to be made as directed by the Supervising Home Confinement Officer.

___   The defendant shall participate in an outpatient program approved by the U.S. Probation Office for the treatment of alcohol and/or drug dependency which will include testing to determine if the defendant has reverted to the use of alcohol and/or drugs.

___   The defendant shall participate in an outpatient mental health treatment program as directed by the Probation Office.

___   The defendant shall surrender to U.S. Immigration and Naturalization Service for deportation as provided by law, and shall not illegally re-enter or remain in the United States.

___   The defendant is committed to the custody of the Bureau of Prisons for months. It is recommended that the Comprehensive Sanctions Center be designated as the place of confinement.

___   The defendant shall not associate with any members of the ____ gang or any other gang or threat group as directed by the probation officer.

___   The defendant shall consent to the U.S. Probation Office conducting periodic unannounced examinations of computer system(s), which may include retrieval and copying of all memory from hardware/software and/or removal of such system(s) for the purposes of conducting a more through inspection and will consent to having installed on your computer(s) at your expense, any hardware/software to monitor your computer use or prevent access to particular materials. The defendant consents to periodic inspection of any such installed hardware/software to insure it is functioning properly.

___   The defendant shall provide the U.S. Probation Office with accurate information about his/her entire computer system (hardware/software); all passwords used by you; and your Internet Service Provider(s) and will abide by all rules of the Computer Restriction and Monitoring Program.

___   The defendant shall submit his/her person, residence, place of business, computer, or vehicle to a warrant less search, conducted and controlled by the U.S. Probation Officer at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of release, failure to submit to a search may be grounds for revocation, the defendant shall inform any other residents that the premises may be subject to search pursuant to this condition.

___   The defendant shall perform    hours of community service as directed by the Probation Officer.

___   The defendant shall participate in, and successfully complete, a cognitive restructuring program as instructed by your Probation Officer.

___   The defendant shall reside and participate in a residential drug treatment program as instructed by your Probation Officer, until discharged by the facility and as approved by your Probation Officer.

 

 

CRIMINAL MONETARY PENALTIES

 

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

 

Assessment              Fine              Restitution

TOTALS      $100                    $0                  $7,453

 

□     The determination of restitution is deferred until _____. An Amended Judgment in a Criminal Case (AO 245C) will be entered after such determination.

□     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 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United States is paid.

 

                                                            Priority or

Name of Payee          Total Loss*    Restitution Ordered    Percentage

Fidelity and Deposit Co                   $7,453

c/o Zurich North America

Surety and Financial Claims

Claim No. 638-0035685

P.O. Box 17138

Baltimore, MD 21297-1138

 

 

TOTALS               $ _________          $ 7,453

 

 

 □     Restitution amount ordered pursuant to plea agreement $ ________

 □     The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine 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 6 may be subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 36 12(g).

□     The court determined that the defendant does not have the ability to pay interest and it is ordered that:

□ the interest requirement is waived for the □ fine □ restitution.

□ the interest requirement for the □ fine □ restitution is modified as follows:

 

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996.

 

 

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 $_______ due immediately, balance due

□ not later than ____________ ,or

□ in accordance    □ C, □ D, □   E, or □ F below; or

B □    Payment to begin immediately (may be combined with □ C, □ D, or    □ F below); or

C □    Payment in equal _________ (e.g., weekly, monthly, quarterly) installments of $ ________ over a period of _______ (e.g., months or years), to commence _______ (e.g., 30 or 60 days) after the date of this judgment; or

D □    Payment in equal ________ (e.g., weekly, monthly, quarterly) installments of $ ______ over a period of _______ (e.g., months or years), to commence _______ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or

E □    Payment during the term of supervised release will commence within _______ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F X   Special instructions regarding the payment of criminal monetary penalties:

A special assessment of $100 is due in full immediately as to count 1. Because of the defendant’s pending bankruptcy, defense counsel shall advise the Court and the Probation Officer of the amount the defendant can afford to pay on a monthly basis.

PAYMENT IS TO BE MADE PAYABLE AND SENT TO THE CLERIC, U.S. DISTRICT COURT.

 

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 of Prisons’ 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.

 

 □     Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate.

 

 □     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) fine interest, (6) community restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.