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Office of Labor-Management Standards (OLMS)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION

UNITED STATES OF AMERICA

v.

Cause No. 2:02-CR-81-TS

DAVID A. SHAFFER

Attorney for Defendant:
WILLIAM A. PADULA

Defendant.

THE DEFENDANT

[X] pleaded guilty to Count 1 of the Information.

[ ] was found guilty on Count(s) after a plea of not guilty.

[X] The Plea Agreement between the defendant and the U.S. Government filed November 6, 2002 is ACCEPTED.

Accordingly, the defendant is adjudged guilty of such Count(s), which involve the following offenses:

Title & Section

Nature of Offense

Date Offense
Concluded

Count
No ( )

29:439(c)

Making False Entries/
Records & Claims

May, 2000

I

Defendant is sentenced as provided in pages 2 through 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), and is discharged as to such Count(s)

[ ] Count(s) is/are dismissed on motion of the United States.

[X] It is ordered that defendant shall pay to the United States a special assessment of $25.00, for Count 1 of the Information, which shall be due immediately as follows: payable to Clerk, U.S. District Court, 5400 Federal Plaza, Hammond, Indiana 46320.

IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days, of any change of name, residence or ma address until all fines, restitution, costs and special assessments imposed by this Judgment are fully paid.

Defendant Social Security No.:
Defendant Date of Birth:
Defendant Legal Address

Date of Imposition of Sentence: May 7, 2003

/SIGNED/
HON. THERESA L. SPRINGMANN
United States Magistrate Judge

DATED: May 27, 2003

PROBATION

The defendant is hereby placed on probation for a term of THREE (3) YEARS. Because the applicable guideline range is in Zone B of the sentencing table, the Defendant is eligible for probation provided that the Defendant serve at least six (6) months on electronic monitoring.

While on probation, the defendant shall not commit another federal, state or local crime, shall not illegally possess a controlled substance, and shall not possess a firearm or destructive device. Defendant also shall comply with the standard conditions (1-15) as set forth below: If this Judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution.

STANDARD CONDITIONS OF PROBATION

  1. shall not leave the judicial district without the permission of the court or probation officer;
  2. 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 days of each month;
  3. shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;
  4. shall support his or her dependents and meet other family responsibilities;
  5. shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons;
  6. shall notify the probation officer within 72 hours of any change in residence or employment;
  7. shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any narcotic or other controlled substance, or any paraphernalia related to such substances, except as prescribed by a physician;
  8. shall not frequent places where controlled substances are illegally sold, used, distributed, or administered.
  9. 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. 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;
  11. shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer;
  12. 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, 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. shall pay the special assessment imposed or adhere to a court-ordered installment schedule for the payment of the special assessment.
  15. 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.

ADDITIONAL CONDITIONS OF PROBATION

The defendant shall comply with the following additional conditions:

  1. The defendant shall submit to one drug urinalysis within 15 days after being placed on supervision and two periodic tests thereafter.
  2. 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.
  3. The defendant shall not possess a firearm or destructive device.

RESTITUTION AND FORFEITURE

RESTITUTION

[X] The defendant shall pay restitution to the U.S. District Court Clerk for disbursement to the Steelworkers Union, Local 8985 in the following manner:

Name of Payee

Amount of Restitution

U.S.District Court Clerk's Office
5400 Federal Plaza, Suite 2300
Hammond, Indiana 46320

$15,000.00

Payments of restitution are to be made to:

[ ] the United States Attorney for transfer to the payee(s).

[X] the payee(s).

Restitution shall be paid:

[ ] in full within thirty (30) days of sentencing.

[ ] in full not later than , 199

[ ] in equal monthly installments ( ) over a period of months until paid in full. The first payment is \ due ( )days after the date of this judgment.

(X) in installments according to the following schedule of payments: $500.00per month beginning May 18th, 2003, and on the 18th of each month thereafter until paid in full.

Any payment shall be divided proportionately among the payees named unless otherwise specified here.

FORFEITURE

[ ] Defendant is ordered to forfeit the following property to the United States: