UNITED STATES DISTRICT COURT

NORTHERN            District of        INDIANA

 

  UNITED STATES OF AMERICA          JUDGMENT IN A CRIMINAL CASE

V.

Case Number: 1:04CRO34TLS

SANDRA H. LINDER                    USM Number: 07935-027

Thomas N. O’Malley

Defendant’s Attorney

 

THE DEFENDANT:

X pleaded guilty to count(s) 1_________________________________

□ 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

29:501(c)          EMBEZZLEMENT OF ASSETS      11/23/2002       1

 

 

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.

 

NOVEMBER 1, 2004

Date of Imposition of Judgment

 

S/THERESA L. SPRINGMANN

Signature of Judge

 

THERESA L. SPRINGMANN, JUDGE

Name and Title of Judge

 

NOVEMBER 1, 2004

 

 

  PROBATION

 

The defendant is hereby sentenced to probation for a term of: 5 years

 

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 three 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 or other specified geographic area without the permission of the court or probation officer.

2.    The defendant shall report to the probation officer as directed by the court or probation officer and shall submit a truthful and complete written report within the first five (5) 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 the defendant’s 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 then (10) days prior to any change of 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 substance, except as prescribed by a physician.

8.    The defendant shall not frequent places where controlled substances are illegally sold, used distributed, or administered, or other places specified by the court.

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 the defendant at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view by the probation officer.

11.   The defendant shall notify the probation officer within seventy-two (72) 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.

14.   The defendant shall pay the special assessment imposed or adhere to a court-ordered installment schedule for the payment of the special assessment.

15.   The defendant shall notify the probation officer of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay any unpaid amount of restitution, fines, or special assessments.

 

 

  SPECIAL CONDITIONS OF SUPERVISION

 

The defendant shall not illegally possess a controlled substance.

 

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

 

The defendant shall not incur new credit charges or open additional lines of credit without the approval of the probation officer unless the defendant is in compliance with the installment payment schedule.

 

The defendant shall participate in a drug aftercare treatment program under a copayment plan, which may include testing for the detection of drugs of abuse at the direction and discretion of the probation officer.

 

The defendant shall participate in a co-payment program to offset the cost of treatment. The co-payment amount is based on annual poverty guidelines established by the U.S. Department of Health and Human Services (HHS) on a sliding scale basis. The co-payment amount shall not exceed an amount determined by the Probation Officer’s Sliding Scale For Monthly Co-Payment.

 

While under supervision, the defendant shall not consume alcoholic beverages or any mood altering substances, which overrides the “no excessive use of alcohol” language in Standard Condition #7.

 

The defendant shall be placed on home detention for a period of six (6) months, to commence within 30 days of this Judgement Order. During this time the defendant shall remain at her place of residence except for employment and other activities approved in advance by the probation officer. The defendant shall maintain a telephone at her place of residence without any “call forwarding”, “Caller ID,” call waiting,” modems, answering machines, cordless telephones or other special services for the above period. The defendant shall wear an electronic device and shall observe the rules specified by the Probation Department.

 

The defendant is to pay the cost of the electronic monitoring portion of this sentence not to exceed the daily contractual rate. Payment for the electronic monitoring shall be made based on annual poverty guidelines established by the U.S. Department of Health and Human Services (HHS) on a sliding scale basis. The co- amount shall not exceed an amount determined by the Probation Officer’s Sliding Scale For Monthly Co-Payment. Changes to the established rate can be made by the probation officer subject to supervisory approval.

 

 

CRIMINAL MONETARY PENALTIES

 

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

 

Assessment              Fine              Restitution

TOTALS      $ 100.00                $ waived          $ 10,219.75

 

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

X     The defendant shall make restitution (including community restitution) payable to Clerk, U.S. District Court, (street address), (city, state, zip) for 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. § 3 664(i), all nonfederal victims must be paid before the United States is paid.

 

     Priority or

Name of Payee        Total Loss*     Restitution Ordered    Percentage

United Auto Workers                    $10,219.75

Local 317

 

TOTALS               $ ____________   $___________

 

□      Restitution amount ordered pursuant to plea _______________

□      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 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 to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(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 □ fine □ restitution.

□ the interest requirement for □ 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     X     Lump sum payment of $ 10,319.75 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     □      Special instructions regarding the payment of criminal

            monetary penalties:

 

 

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.