Judge William G. Young : ORDER entered. JUDGMENT as to Michael Fuller (2), Count(s) 1, The defendant is committed to the custody of the BOP for 16 months to be followed by a term of Supervised Release of 3 years with Special Conditions. No Fine. Special Assessment of $100. Restitution in the amount of $7,381,106.51. (Smith, Bonnie) (Additional attachment(s) Transcript)
Page 1 Case 1:05-cr-10082-WGY
2AO 245B(05-MA)
Document
Filed 11/17/
Page 1 of
(Rev. 06/05) Judgment in a Criminal Case
Sheet 1 - D. Massachusetts - 10/
UNITED STATES DISTRICT COURT
District of Massachusetts
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA
V.
MICHAEL F. FULLER
Case Number: 1: 05 CR
- 02 - WGY
USM Number:
Samuel Montesino
Defendant’s Attorney
THE DEFENDANT:
Additional documents attached
✔ pleaded guilty to count(s)
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
18 USC § 18 USC §
Additional Counts - See continuation page
Nature of Offense
Offense Ended
Conspiracy
Aiding & Abetting
11/30/
The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.
Count
of this judgment. The sentence is imposed pursuant to
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.
11/16/Date of Imposition of Judgment
/s/ William G. Young
Signature of Judge
The Honorable William G. Young
Chief Judge, U.S. District Court
Name and Title of Judge
11/17/DatePage 2 Case 1:05-cr-10082-WGY
2AO 245B(05-MA)
Document
Filed 11/17/
Page 2 of
(Rev. 06/05) Judgment in a Criminal Case
Sheet 2 - D. Massachusetts - 10/Judgment — Page
DEFENDANT: MICHAEL F. FULLER
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
of
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:
month(s)
✔ The court makes the following recommendations to the Bureau of Prisons:
Incarceration in Southern Florida or in the alternative Eglin FCI. The Court further recommends that the
defendant be permitted to buy appropriate medication that the BOP will screen and permit the defendant to
take.
The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this district:
G a.m.
at
G
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 2 p.m. on
12/28/
.
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on
a
to
, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
3Page 3 Case 1:05-cr-10082-WGY
2AO 245B(05-MA)
Document
Filed 11/17/
Page 3 of
(Rev. 06/05) Judgment in a Criminal Case
Sheet 3 - D. Massachusetts - 10/
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
Judgment—Page
✔
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of :
of
See continuation page
36 month(s)
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, not to exceed 104 tests per year, as directed by the probation officer.
✔
✔
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.)
The defendant shall not possess a firearm, ammunition, 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 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 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.Page 4 1:05-cr-10082-WGY
OAO 245B(05-MA) Case
(Rev. 06/05) Judgment in a Criminal Case
Document
Filed 11/17/
Page 4 of
Sheet 4A - Continuation Page - Supervised Release/Probation -10/
Judgment—Page
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
ADDITIONAL
✔
SUPERVISED RELEASE
of
PROBATION TERMS
The defendant is prohibited from incurring new credit charges or opening new lines of credit without the
approval of the probation officer.
The defendant is to participate in a program for substance abuse counseling as directed by the Probation
office. The defendant shall be required to contribute to the costs of services for such treatment based on the
ability to pay or the availability of third party payment.
The defendant is to provide the probation officer access to any requested financial information.
The financial information provided may be shared with the Financial Litigation Unit of the US Attorneys
Office.
The defendant is to pay the balance of the restitution owed according to a court ordered repayment plan.
Continuation of Conditions of
Supervised Release
ProbationPage 5 2AO 245B(05-MA)
Case
1:05-cr-10082-WGY Document (Rev. 06/05) Judgment in a Criminal Case
Filed 11/17/
Page 5 of
Sheet 5 - D. Massachusetts - 10/Judgment — Page
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
of
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment
TOTALS
$
Fine
$100.
Restitution
$
$
$7,381,106.
. An Amended Judgment in a Criminal Case (AO 245C) will be entered
The determination of restitution is deferred until
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.
Name of Payee
Restitution Ordered
Total Loss*
$7,381,106.
Clerk USDC
Priority or Percentage
$7,381,106.
See Continuation
Page
TOTALS
$
$7,381,106.
$
$7,381,106.
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. § 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 the
the interest requirement for the
fine
fine
✔
restitution.
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.Page 6 2AO 245B(05-MA)
Case
1:05-cr-10082-WGY Document (Rev. 06/05) Judgment in a Criminal Case
Filed 11/17/
Page 6 of
Sheet 6 - D. Massachusetts - 10/
Judgment — Page
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR
-
of
- WGY
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 $ $7,481,106.not later than
in accordance
C,
D,
due immediately, balance due
, or
E, or
G
C,
F below; or
B
Payment to begin immediately (may be combined with
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:
According to a repayment schedule as directed by Probation Office
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
See Continuation
Page
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.
Eileen Riggs
Daniel DelPiano
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.Page 7 AO 245B
Case 1:05-cr-10082-WGY
Document
(Rev. 06/05) Criminal Judgment
Attachment (Page 1) — Statement of Reasons - D. Massachusetts - 10/
Filed 11/17/
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
DISTRICT:
MASSACHUSETTS
Page 7 of Judgment — Page
of
STATEMENT OF REASONS
I
COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT
A
✔
G
The court adopts the presentence investigation report without change.
B
G
The court adopts the presentence investigation report with the following changes.
(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)
(Use Section VIII if necessary.)
C
II
G
G
G
G
G
The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.
Chapter Three of the U.S.S.G. Manual determinations by court (including changes to victim-related adjustments,
role in the offense, obstruction of justice, multiple counts, or acceptance of responsibility):
Chapter Four of the U.S.S.G. Manual determinations by court (including changes to criminal history category or
scores, career offender, or criminal livelihood determinations):
Additional Comments or Findings (including comments or factual findings concerning certain information in the
presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
or programming decisions):
COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)
A
✔
G
No count of conviction carries a mandatory minimum sentence.
B
G
Mandatory minimum sentence imposed.
C
G
One or more counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the court has determined that the mandatory minimum
does not apply based on
G
G
G
III
Chapter Two of the U.S.S.G. Manual determinations by court (including changes to base offense level, or
specific offense characteristics):
findings of fact in this case
substantial assistance (18 U.S.C. § 3553(e))
the statutory safety valve (18 U.S.C. § 3553(f))
COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):
Total Offense Level:
I
Criminal History Category:
Imprisonment Range:
to months
Supervised Release Range: to years
Fine Range: $ 6,to $ 60,G
✔ Fine waived or below the guideline range because of inability to pay.Page 8 Case 1:05-cr-10082-WGY
Document
AO 245B (05-MA) (Rev. 06/05) Criminal Judgment
Attachment (Page 2) — Statement of Reasons - D. Massachusetts - 10/
Filed 11/17/
Page 8 of Judgment — Page
DEFENDANT: MICHAEL F. FULLER
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
DISTRICT:
MASSACHUSETTS
of
STATEMENT OF REASONS
IV
ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)
A
G
The sentence is within an advisory guideline range that is not greater than 24 months, and the court finds no reason to depart.
B
G
The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use Section VIII if necessary.)
C
G
✔
D
V
G
The court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.
(Also complete Section V.)
The court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)
DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)
A The sentence imposed departs (Check only one.):
G below the advisory guideline range
G above the advisory guideline range
B
Departure based on (Check all that apply.):
Plea Agreement (Check all that apply and check reason(s) below.):
G 5K1.1 plea agreement based on the defendant’s substantial assistance
G 5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
G binding plea agreement for departure accepted by the court
G plea agreement for departure, which the court finds to be reasonable
G plea agreement that states that the government will not oppose a defense departure motion.
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
✔
G 5K1.1 government motion based on the defendant’s substantial assistance
G 5K3.1 government motion based on Early Disposition or “Fast-track” program
G government motion for departure
G defense motion for departure to which the government did not object
G defense motion for departure to which the government objected
C
Other
Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):
G
Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)
G
G
G
G
G
G
G
G
4A1.5H1.5H1.5H1.5H1.5H1.5H1.5H1.
Criminal History Inadequacy
Age
Education and Vocational Skills
Mental and Emotional Condition
Physical Condition
Employment Record
Family Ties and Responsibilities
Military Record, Charitable Service,
Good Works
G
5K2.
Aggravating or Mitigating Circumstances
D
G
G
G
G
G
G
G
G
G
G
5K2.5K2.5K2.5K2.5K2.5K2.5K2.5K2.5K2.5K2.
Death
Physical Injury
Extreme Psychological Injury
Abduction or Unlawful Restraint
Property Damage or Loss
Weapon or Dangerous Weapon
Disruption of Government Function
Extreme Conduct
Criminal Purpose
Victim’s Conduct
Explain the facts justifying the departure. (Use Section VIII if necessary.)
G
G
G
G
G
G
G
G
G
G
G
G
5K2.11 Lesser Harm
5K2.12 Coercion and Duress
5K2.13 Diminished Capacity
5K2.14 Public Welfare
5K2.16 Voluntary Disclosure of Offense
5K2.17 High-Capacity, Semiautomatic Weapon
5K2.18 Violent Street Gang
5K2.20 Aberrant Behavior
5K2.21 Dismissed and Uncharged Conduct
5K2.22 Age or Health of Sex Offenders
5K2.23 Discharged Terms of Imprisonment
Other guideline basis (e.g., 2B1.1 commentary)Page 9 Case 1:05-cr-10082-WGY
Document
AO 245B ( 05-MA) (Rev. 06/05) Criminal Judgment
Attachment (Page 3) — Statement of Reasons - D. Massachusetts 10/
Filed 11/17/
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
DISTRICT:
MASSACHUSETTS
Page 9 of
Judgment — Page
of
STATEMENT OF REASONS
VI
COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM
(Check all that apply.)
A
B
The sentence imposed is (Check only one.):
G below the advisory guideline range
G above the advisory guideline range
Sentence imposed pursuant to (Check all that apply.):
C
G
G
G
binding plea agreement for a sentence outside the advisory guideline system accepted by the court
plea agreement for a sentence outside the advisory guideline system, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion to the court to sentence outside the advisory guideline
system
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
G
G
G
government motion for a sentence outside of the advisory guideline system
defense motion for a sentence outside of the advisory guideline system to which the government did not object
defense motion for a sentence outside of the advisory guideline system to which the government objected
Other
G
Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (Check reason(s) below.):
Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)
G
G
G
G
G
G
G
D
Plea Agreement (Check all that apply and check reason(s) below.):
the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)
to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))
to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))
to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))
to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
(18 U.S.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))
to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))
Explain the facts justifying a sentence outside the advisory guideline system. (UseSection VIII if necessary.)Page 10 AO 245B ( 05-MA) (Rev. 06/05) Criminal Judgment
Case 1:05-cr-10082-WGY Document Attachment (Page 4) — Statement of Reasons - D. Massachusetts - 10/
Filed 11/17/
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - MASSACHUSETTS
DISTRICT:
Page 10 of Judgment — Page
of
- WGY
STATEMENT OF REASONS
VII COURT DETERMINATIONS OF RESTITUTION
A
G
B
Total Amount of Restitution:
C
Restitution not ordered (Check only one.):
D
Restitution Not Applicable.
7,381,106.
G
G
G
G
G
Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):
For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).
For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex
issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).
For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).
Restitution is not ordered for other reasons. (Explain.)
VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)
Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.
Defendant’s Soc. Sec. No.:
000-00-
Defendant’s Date of Birth:
Defendant’s Residence Address:
Defendant’s Mailing Address:
Date of Imposition of Judgment
11/16//s/ William G. Young
Signature of Judge
The Honorable William G. Young Chief Judge, U.S. District Court
Name and Title of Judge
Date Signed 11/17/05Page 11 Case 1:05-cr-10082-WGY
Document 19-
Filed 11/17/
Page 1 of
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
Criminal No.
05-10082-WGY
* * * * * * * * * * * * * * * * *
*
UNITED STATES OF AMERICA
*
*
v.
*
*
MICHAEL FULLER
*
*
* * * * * * * * * * * * * * * * *
SENTENCING EXCERPT
BEFORE:
The Honorable William G. Young,
District Judge
1 Courthouse Way
Boston, Massachusetts
November 16, 2005Page 12 Case 1:05-cr-10082-WGY
THE COURT:
Document 19-
Filed 11/17/
Page 2 of
Mr. Michael Fuller, in consideration of
the offense of which you stand convicted, the information
from the United States Attorney, your attorney, the
probation office, the various letters I've received and
yourself, this Court sentences you to 16 months, 12 months,
one year, four months in the custody of the United States
Attorney General.
The Court imposes upon you no fine due to your
inability to pay a fine.
The Court imposes upon you a duty
of restitution in the amount of $7,381,106.51.
imposes a $100 special assessment.
The Court
The Court imposes upon you three years of
supervised release after your release from confinement.
During the period of supervised release the following
special conditions apply.
collection of a DNA sample.
possessing a firearm or other dangerous weapon.
participate in a program for substance abuse counseling as
directed by the probation office.
contribute to the costs of the services of such program
based upon your ability to pay.
You are to submit to the
You're prohibited from
You're to
You're required to
You're to pay the balance of the restitution in
accordance with a Court ordered repayment schedule.
prohibited from incurring new credit charges or opening
additional lines of credit.
You are to provide the
You'rePage 13 Case 1:05-cr-10082-WGY
Document 19-
Filed 11/17/
Page 3 of
probation officer access to any requested financial
information.
probation office may be shared with the Financial Litigation
Unit of the United States Attorney's office.
The financial information provided to the
Let me explain that sentence.
I conclude that
there is no reason prior to entertaining the discount --
well, I take that back.
conclude on the totality of the evidence before me that, as
compared to the other records that have been before this
Not that there's no reason.
I
Court, you were not a minimal participant, though there is
no dispute that originally you were not aware of the
criminality here.
Now, here's the reason for this sentence.
This
type of fraud imposes on the society, people, not just a
financial institution here and not just a company, but this
type of fraud imposes on society, and society's people, it
imposes on all the people, people you've never met,
increased costs.
business; costs that throw them into bankruptcy; costs that
in part drive the tightening up of credit restrictions for
people who really need credit.
Fraud of this nature
requires a condign punishment.
And that's what this Court
has done.
Costs that frequently put them out of
This is a real sentence.
halfway house.
Fourteen months.
No community confinement.
NoPage 14 Case 1:05-cr-10082-WGY
Document 19-
THE CLERK:
MR. MONTESINO:
THE COURT:
Page 4 of
You said sixteen.
Fourteen or sixteen?
I said sixteen.
me.
loss here was enormous.
Sixteen months.
Filed 11/17/
Thank you.
Sixteen months.
Forgive
At the same time, the
You've been ably represented by your counsel who
has negotiated down the loss figures that the Court has
entertained.
here which is their right.
The government entered into charge bargaining
Plus, the government, because of
what you did, the government filed a motion on your behalf.
Make no mistake.
I read the averages.
The
averages here of sentences are 18 to 24 months.
taking into account all those things.
account, and I believe this to be true, sir, I believe that
you are understanding of what you have done.
there is much good in you.
put to work for society.
the need for a sentence that does send a clear signal that
we do not accept this conduct.
I went
And also taking into
I believe
Good that you are prepared to
And I have balanced that against
You have the right to appeal from any findings or
rulings the Court has made against you.
and should your appeal be successful in whole or in part,
this case will be resentenced before another judge.
Should you appeal
Now, you have no objection to self-reporting,
Ms. Ortiz?Page 15 Case 1:05-cr-10082-WGY
Document 19-
Filed 11/17/
MS. ORTIZ:
No, your Honor, I do not.
THE COURT:
All right.
MR. MONTESINO:
Page 5 of
Your Honor, I'm sorry, if I may.
I
know Bureau of Prisons has policies.
recommend that the Court make a recommendation that
Mr. Fuller serve his sentence in the Southern District of
Florida or in the alternative in Eglin.
Bureau of Prisons if they feel, would have to give a written
reason why they would not follow the Court's recommendation.
Your Honor, we
And obviously the
But that would be our recommendation, your Honor.
THE COURT:
And the Court adopts that
recommendation and it will be in the judgment and commitment
order.
He will report to the place of confinement -today's the 16th?
THE CLERK:
Yes.
THE COURT:
-- on Wednesday, the 28th of December.
That's the order of the Court.
MR. FULLER:
THE COURT:
MR. FULLER:
Same conditions of bail.
Your Honor, may I say one thing?
You may.
I'm on a very complex scheme of pills
to help with anti-stroke and hypertension.
medications are available through the correction system.
there any way that I can supply my own medications?
THE COURT:
I cannot order that.
None of these
It seems to me
IsPage 16 Case 1:05-cr-10082-WGY
Document 19-
Filed 11/17/
Page 6 of
that they have -- you check with the probation office.
MR. FULLER:
THE COURT:
Yes, I did.
I've had cases like this of people who
are in the corrections system.
recommendation.
I will add another
I cannot order it.
MR. FULLER:
THE COURT:
I understand.
But in the judgment and commitment
order I will recommend that if you can, at your own expense,
buy appropriate medication which they'll screen, appropriate
for your physical condition, that you be permitted to do so.
MR. FULLER:
THE COURT:
MR. MONTESINO:
(Whereupon the matter concluded.)
Thank you.
That's the sentence of the Court.
Thank you.
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:05-cr-10082-WGY
2AO 245B(05-MA)
Document 19
Filed 11/17/2005
Page 1 of 10
(Rev. 06/05) Judgment in a Criminal Case
Sheet 1 - D. Massachusetts - 10/05
UNITED STATES DISTRICT COURT
District of Massachusetts
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA
V.
MICHAEL F. FULLER
Case Number: 1: 05 CR 10082
- 02 - WGY
USM Number:
Samuel Montesino
Defendant’s Attorney
THE DEFENDANT:
Additional documents attached
1
✔ pleaded guilty to count(s)
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
18 USC § 371
18 USC § 2
Additional Counts - See continuation page
Nature of Offense
Offense Ended
Conspiracy
Aiding & Abetting
11/30/99
The defendant is sentenced as provided in pages 2 through
the Sentencing Reform Act of 1984.
3
Count
1
2
of this judgment. The sentence is imposed pursuant to
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.
11/16/05
Date of Imposition of Judgment
/s/ William G. Young
Signature of Judge
The Honorable William G. Young
Chief Judge, U.S. District Court
Name and Title of Judge
11/17/05
Date
PDF Page 3
Case 1:05-cr-10082-WGY
2AO 245B(05-MA)
Document 19
Filed 11/17/2005
Page 2 of 10
(Rev. 06/05) Judgment in a Criminal Case
Sheet 2 - D. Massachusetts - 10/05
Judgment — Page
DEFENDANT: MICHAEL F. FULLER
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
of
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of:
month(s)
16
✔ The court makes the following recommendations to the Bureau of Prisons:
Incarceration in Southern Florida or in the alternative Eglin FCI. The Court further recommends that the
defendant be permitted to buy appropriate medication that the BOP will screen and permit the defendant to
take.
The defendant is remanded to the custody of the United States Marshal.
The defendant shall surrender to the United States Marshal for this district:
G a.m.
at
G
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 2 p.m. on
12/28/05
.
as notified by the United States Marshal.
as notified by the Probation or Pretrial Services Office.
RETURN
I have executed this judgment as follows:
Defendant delivered on
a
to
, with a certified copy of this judgment.
UNITED STATES MARSHAL
By
DEPUTY UNITED STATES MARSHAL
3
PDF Page 4
Case 1:05-cr-10082-WGY
2AO 245B(05-MA)
Document 19
Filed 11/17/2005
Page 3 of 10
(Rev. 06/05) Judgment in a Criminal Case
Sheet 3 - D. Massachusetts - 10/05
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
Judgment—Page
✔
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of :
of
3
See continuation page
36 month(s)
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, not to exceed 104 tests per year, as directed by the probation officer.
✔
✔
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.)
The defendant shall not possess a firearm, ammunition, 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 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 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.
PDF Page 5
1:05-cr-10082-WGY
OAO 245B(05-MA) Case
(Rev. 06/05) Judgment in a Criminal Case
Document 19
Filed 11/17/2005
Page 4 of 10
Sheet 4A - Continuation Page - Supervised Release/Probation -10/05
Judgment—Page
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
ADDITIONAL
✔
SUPERVISED RELEASE
of
3
PROBATION TERMS
The defendant is prohibited from incurring new credit charges or opening new lines of credit without the
approval of the probation officer.
The defendant is to participate in a program for substance abuse counseling as directed by the Probation
office. The defendant shall be required to contribute to the costs of services for such treatment based on the
ability to pay or the availability of third party payment.
The defendant is to provide the probation officer access to any requested financial information.
The financial information provided may be shared with the Financial Litigation Unit of the US Attorneys
Office.
The defendant is to pay the balance of the restitution owed according to a court ordered repayment plan.
Continuation of Conditions of
Supervised Release
Probation
PDF Page 6
2AO 245B(05-MA)
Case
1:05-cr-10082-WGY Document 19
(Rev. 06/05) Judgment in a Criminal Case
Filed 11/17/2005
Page 5 of 10
Sheet 5 - D. Massachusetts - 10/05
Judgment — Page
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
of
3
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment
TOTALS
$
Fine
$100.00
Restitution
$
$
$7,381,106.51
. An Amended Judgment in a Criminal Case (AO 245C) will be entered
The determination of restitution is deferred until
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.
Name of Payee
Restitution Ordered
Total Loss*
$7,381,106.51
Clerk USDC
Priority or Percentage
$7,381,106.51
See Continuation
Page
TOTALS
$
$7,381,106.51
$
$7,381,106.51
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. § 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 the
the interest requirement for the
fine
fine
✔
restitution.
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.
PDF Page 7
2AO 245B(05-MA)
Case
1:05-cr-10082-WGY Document 19
(Rev. 06/05) Judgment in a Criminal Case
Filed 11/17/2005
Page 6 of 10
Sheet 6 - D. Massachusetts - 10/05
Judgment — Page
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082
- 02
of
3
- WGY
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 $ $7,481,106.51
not later than
in accordance
C,
D,
due immediately, balance due
, or
E, or
G
C,
F below; or
B
Payment to begin immediately (may be combined with
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:
According to a repayment schedule as directed by Probation Office
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
See Continuation
Page
Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.
Eileen Riggs
Daniel DelPiano
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.
PDF Page 8
AO 245B
Case 1:05-cr-10082-WGY
Document 19
(Rev. 06/05) Criminal Judgment
Attachment (Page 1) — Statement of Reasons - D. Massachusetts - 10/05
Filed 11/17/2005
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
DISTRICT:
MASSACHUSETTS
Page 7 of 10
Judgment — Page
of
3
STATEMENT OF REASONS
I
COURT FINDINGS ON PRESENTENCE INVESTIGATION REPORT
A
✔
G
The court adopts the presentence investigation report without change.
B
G
The court adopts the presentence investigation report with the following changes.
(Check all that apply and specify court determination, findings, or comments, referencing paragraph numbers in the presentence report, if applicable.)
(Use Section VIII if necessary.)
C
II
1
G
2
G
3
G
4
G
G
The record establishes no need for a presentence investigation report pursuant to Fed.R.Crim.P. 32.
Chapter Three of the U.S.S.G. Manual determinations by court (including changes to victim-related adjustments,
role in the offense, obstruction of justice, multiple counts, or acceptance of responsibility):
Chapter Four of the U.S.S.G. Manual determinations by court (including changes to criminal history category or
scores, career offender, or criminal livelihood determinations):
Additional Comments or Findings (including comments or factual findings concerning certain information in the
presentence report that the Federal Bureau of Prisons may rely on when it makes inmate classification, designation,
or programming decisions):
COURT FINDING ON MANDATORY MINIMUM SENTENCE (Check all that apply.)
A
✔
G
No count of conviction carries a mandatory minimum sentence.
B
G
Mandatory minimum sentence imposed.
C
G
One or more counts of conviction alleged in the indictment carry a mandatory minimum term of imprisonment, but the
sentence imposed is below a mandatory minimum term because the court has determined that the mandatory minimum
does not apply based on
G
G
G
III
Chapter Two of the U.S.S.G. Manual determinations by court (including changes to base offense level, or
specific offense characteristics):
findings of fact in this case
substantial assistance (18 U.S.C. § 3553(e))
the statutory safety valve (18 U.S.C. § 3553(f))
COURT DETERMINATION OF ADVISORY GUIDELINE RANGE (BEFORE DEPARTURES):
19
Total Offense Level:
I
Criminal History Category:
30
Imprisonment Range:
to 37
months
Supervised Release Range: 2
to 3
years
Fine Range: $ 6,000
to $ 60,000
G
✔ Fine waived or below the guideline range because of inability to pay.
PDF Page 9
Case 1:05-cr-10082-WGY
Document 19
AO 245B (05-MA) (Rev. 06/05) Criminal Judgment
Attachment (Page 2) — Statement of Reasons - D. Massachusetts - 10/05
Filed 11/17/2005
Page 8 of 10
Judgment — Page
DEFENDANT: MICHAEL F. FULLER
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
DISTRICT:
MASSACHUSETTS
of
3
STATEMENT OF REASONS
IV
ADVISORY GUIDELINE SENTENCING DETERMINATION (Check only one.)
A
G
The sentence is within an advisory guideline range that is not greater than 24 months, and the court finds no reason to depart.
B
G
The sentence is within an advisory guideline range that is greater than 24 months, and the specific sentence is imposed for these reasons.
(Use Section VIII if necessary.)
C
G
✔
D
V
G
The court departs from the advisory guideline range for reasons authorized by the sentencing guidelines manual.
(Also complete Section V.)
The court imposed a sentence outside the advisory sentencing guideline system. (Also complete Section VI.)
DEPARTURES AUTHORIZED BY THE ADVISORY SENTENCING GUIDELINES (If applicable.)
A The sentence imposed departs (Check only one.):
G below the advisory guideline range
G above the advisory guideline range
B
Departure based on (Check all that apply.):
1
Plea Agreement (Check all that apply and check reason(s) below.):
G 5K1.1 plea agreement based on the defendant’s substantial assistance
G 5K3.1 plea agreement based on Early Disposition or “Fast-track” Program
G binding plea agreement for departure accepted by the court
G plea agreement for departure, which the court finds to be reasonable
G plea agreement that states that the government will not oppose a defense departure motion.
2
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
✔
G 5K1.1 government motion based on the defendant’s substantial assistance
G 5K3.1 government motion based on Early Disposition or “Fast-track” program
G government motion for departure
G defense motion for departure to which the government did not object
G defense motion for departure to which the government objected
3
C
Other
Other than a plea agreement or motion by the parties for departure (Check reason(s) below.):
G
Reason(s) for Departure (Check all that apply other than 5K1.1 or 5K3.1.)
G
G
G
G
G
G
G
G
4A1.3
5H1.1
5H1.2
5H1.3
5H1.4
5H1.5
5H1.6
5H1.11
Criminal History Inadequacy
Age
Education and Vocational Skills
Mental and Emotional Condition
Physical Condition
Employment Record
Family Ties and Responsibilities
Military Record, Charitable Service,
Good Works
G
5K2.0
Aggravating or Mitigating Circumstances
D
G
G
G
G
G
G
G
G
G
G
5K2.1
5K2.2
5K2.3
5K2.4
5K2.5
5K2.6
5K2.7
5K2.8
5K2.9
5K2.10
Death
Physical Injury
Extreme Psychological Injury
Abduction or Unlawful Restraint
Property Damage or Loss
Weapon or Dangerous Weapon
Disruption of Government Function
Extreme Conduct
Criminal Purpose
Victim’s Conduct
Explain the facts justifying the departure. (Use Section VIII if necessary.)
G
G
G
G
G
G
G
G
G
G
G
G
5K2.11 Lesser Harm
5K2.12 Coercion and Duress
5K2.13 Diminished Capacity
5K2.14 Public Welfare
5K2.16 Voluntary Disclosure of Offense
5K2.17 High-Capacity, Semiautomatic Weapon
5K2.18 Violent Street Gang
5K2.20 Aberrant Behavior
5K2.21 Dismissed and Uncharged Conduct
5K2.22 Age or Health of Sex Offenders
5K2.23 Discharged Terms of Imprisonment
Other guideline basis (e.g., 2B1.1 commentary)
PDF Page 10
Case 1:05-cr-10082-WGY
Document 19
AO 245B ( 05-MA) (Rev. 06/05) Criminal Judgment
Attachment (Page 3) — Statement of Reasons - D. Massachusetts 10/05
Filed 11/17/2005
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02 - WGY
DISTRICT:
MASSACHUSETTS
Page 9 of 10
Judgment — Page
of
3
STATEMENT OF REASONS
VI
COURT DETERMINATION FOR SENTENCE OUTSIDE THE ADVISORY GUIDELINE SYSTEM
(Check all that apply.)
A
B
The sentence imposed is (Check only one.):
G below the advisory guideline range
G above the advisory guideline range
Sentence imposed pursuant to (Check all that apply.):
1
2
3
C
G
G
G
binding plea agreement for a sentence outside the advisory guideline system accepted by the court
plea agreement for a sentence outside the advisory guideline system, which the court finds to be reasonable
plea agreement that states that the government will not oppose a defense motion to the court to sentence outside the advisory guideline
system
Motion Not Addressed in a Plea Agreement (Check all that apply and check reason(s) below.):
G
G
G
government motion for a sentence outside of the advisory guideline system
defense motion for a sentence outside of the advisory guideline system to which the government did not object
defense motion for a sentence outside of the advisory guideline system to which the government objected
Other
G
Other than a plea agreement or motion by the parties for a sentence outside of the advisory guideline system (Check reason(s) below.):
Reason(s) for Sentence Outside the Advisory Guideline System (Check all that apply.)
G
G
G
G
G
G
G
D
Plea Agreement (Check all that apply and check reason(s) below.):
the nature and circumstances of the offense and the history and characteristics of the defendant pursuant to 18 U.S.C. § 3553(a)(1)
to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense (18 U.S.C. § 3553(a)(2)(A))
to afford adequate deterrence to criminal conduct (18 U.S.C. § 3553(a)(2)(B))
to protect the public from further crimes of the defendant (18 U.S.C. § 3553(a)(2)(C))
to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner
(18 U.S.C. § 3553(a)(2)(D))
to avoid unwarranted sentencing disparities among defendants (18 U.S.C. § 3553(a)(6))
to provide restitution to any victims of the offense (18 U.S.C. § 3553(a)(7))
Explain the facts justifying a sentence outside the advisory guideline system. (UseSection VIII if necessary.)
PDF Page 11
AO 245B ( 05-MA) (Rev. 06/05) Criminal Judgment
Case 1:05-cr-10082-WGY Document 19
Attachment (Page 4) — Statement of Reasons - D. Massachusetts - 10/05
Filed 11/17/2005
MICHAEL F. FULLER
DEFENDANT:
CASE NUMBER: 1: 05 CR 10082 - 02
MASSACHUSETTS
DISTRICT:
Page 10 of 10
Judgment — Page
of
3
- WGY
STATEMENT OF REASONS
VII COURT DETERMINATIONS OF RESTITUTION
A
G
B
Total Amount of Restitution:
C
Restitution not ordered (Check only one.):
D
Restitution Not Applicable.
7,381,106.51
1
G
2
G
3
G
4
G
G
Partial restitution is ordered for these reasons (18 U.S.C. § 3553(c)):
For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because the number of
identifiable victims is so large as to make restitution impracticable under 18 U.S.C. § 3663A(c)(3)(A).
For offenses for which restitution is otherwise mandatory under 18 U.S.C. § 3663A, restitution is not ordered because determining complex
issues of fact and relating them to the cause or amount of the victims’ losses would complicate or prolong the sentencing process to a degree
that the need to provide restitution to any victim would be outweighed by the burden on the sentencing process under 18 U.S.C. § 3663A(c)(3)(B).
For other offenses for which restitution is authorized under 18 U.S.C. § 3663 and/or required by the sentencing guidelines, restitution is not
ordered because the complication and prolongation of the sentencing process resulting from the fashioning of a restitution order outweigh
the need to provide restitution to any victims under 18 U.S.C. § 3663(a)(1)(B)(ii).
Restitution is not ordered for other reasons. (Explain.)
VIII ADDITIONAL FACTS JUSTIFYING THE SENTENCE IN THIS CASE (If applicable.)
Sections I, II, III, IV, and VII of the Statement of Reasons form must be completed in all felony cases.
Defendant’s Soc. Sec. No.:
000-00-9508
Defendant’s Date of Birth:
50
Defendant’s Residence Address:
Defendant’s Mailing Address:
Date of Imposition of Judgment
11/16/05
/s/ William G. Young
Signature of Judge
The Honorable William G. Young Chief Judge, U.S. District Court
Name and Title of Judge
Date Signed 11/17/05
PDF Page 12
Case 1:05-cr-10082-WGY
1
Document 19-2
Filed 11/17/2005
Page 1 of16
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
2
Criminal No.
05-10082-WGY
3
4
5
6
7
8
9
10
* * * * * * * * * * * * * * * * *
*
UNITED STATES OF AMERICA
*
*
v.
*
*
MICHAEL FULLER
*
*
* * * * * * * * * * * * * * * * *
SENTENCING EXCERPT
11
12
BEFORE:
The Honorable William G. Young,
District Judge
13
14
15
16
17
18
19
20
21
22
23
24
1 Courthouse Way
Boston, Massachusetts
25
November 16, 2005
PDF Page 13
Case 1:05-cr-10082-WGY
1
THE COURT:
Document 19-2
Filed 11/17/2005
Page 2 of26
Mr. Michael Fuller, in consideration of
2
the offense of which you stand convicted, the information
3
from the United States Attorney, your attorney, the
4
probation office, the various letters I've received and
5
yourself, this Court sentences you to 16 months, 12 months,
6
one year, four months in the custody of the United States
7
Attorney General.
8
9
The Court imposes upon you no fine due to your
inability to pay a fine.
The Court imposes upon you a duty
10
of restitution in the amount of $7,381,106.51.
11
imposes a $100 special assessment.
12
The Court
The Court imposes upon you three years of
13
supervised release after your release from confinement.
14
During the period of supervised release the following
15
special conditions apply.
16
collection of a DNA sample.
17
possessing a firearm or other dangerous weapon.
18
participate in a program for substance abuse counseling as
19
directed by the probation office.
20
contribute to the costs of the services of such program
21
based upon your ability to pay.
22
You are to submit to the
You're prohibited from
You're to
You're required to
You're to pay the balance of the restitution in
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accordance with a Court ordered repayment schedule.
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prohibited from incurring new credit charges or opening
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additional lines of credit.
You are to provide the
You're
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probation officer access to any requested financial
2
information.
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probation office may be shared with the Financial Litigation
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Unit of the United States Attorney's office.
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The financial information provided to the
Let me explain that sentence.
I conclude that
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there is no reason prior to entertaining the discount --
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well, I take that back.
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conclude on the totality of the evidence before me that, as
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compared to the other records that have been before this
Not that there's no reason.
I
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Court, you were not a minimal participant, though there is
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no dispute that originally you were not aware of the
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criminality here.
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Now, here's the reason for this sentence.
This
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type of fraud imposes on the society, people, not just a
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financial institution here and not just a company, but this
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type of fraud imposes on society, and society's people, it
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imposes on all the people, people you've never met,
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increased costs.
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business; costs that throw them into bankruptcy; costs that
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in part drive the tightening up of credit restrictions for
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people who really need credit.
Fraud of this nature
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requires a condign punishment.
And that's what this Court
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has done.
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Costs that frequently put them out of
This is a real sentence.
halfway house.
Fourteen months.
No community confinement.
No
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THE CLERK:
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MR. MONTESINO:
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THE COURT:
Page 4 of46
You said sixteen.
Fourteen or sixteen?
I said sixteen.
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me.
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loss here was enormous.
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Sixteen months.
Filed 11/17/2005
Thank you.
Sixteen months.
Forgive
At the same time, the
You've been ably represented by your counsel who
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has negotiated down the loss figures that the Court has
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entertained.
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here which is their right.
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The government entered into charge bargaining
Plus, the government, because of
what you did, the government filed a motion on your behalf.
Make no mistake.
I read the averages.
The
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averages here of sentences are 18 to 24 months.
13
taking into account all those things.
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account, and I believe this to be true, sir, I believe that
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you are understanding of what you have done.
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there is much good in you.
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put to work for society.
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the need for a sentence that does send a clear signal that
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we do not accept this conduct.
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I went 16
And also taking into
I believe
Good that you are prepared to
And I have balanced that against
You have the right to appeal from any findings or
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rulings the Court has made against you.
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and should your appeal be successful in whole or in part,
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this case will be resentenced before another judge.
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Should you appeal
Now, you have no objection to self-reporting,
Ms. Ortiz?
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MS. ORTIZ:
No, your Honor, I do not.
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THE COURT:
All right.
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MR. MONTESINO:
Page 5 of56
Your Honor, I'm sorry, if I may.
I
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know Bureau of Prisons has policies.
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recommend that the Court make a recommendation that
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Mr. Fuller serve his sentence in the Southern District of
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Florida or in the alternative in Eglin.
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Bureau of Prisons if they feel, would have to give a written
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reason why they would not follow the Court's recommendation.
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Your Honor, we
And obviously the
But that would be our recommendation, your Honor.
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THE COURT:
And the Court adopts that
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recommendation and it will be in the judgment and commitment
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order.
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He will report to the place of confinement -today's the 16th?
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THE CLERK:
Yes.
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THE COURT:
-- on Wednesday, the 28th of December.
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That's the order of the Court.
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MR. FULLER:
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THE COURT:
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MR. FULLER:
Same conditions of bail.
Your Honor, may I say one thing?
You may.
I'm on a very complex scheme of pills
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to help with anti-stroke and hypertension.
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medications are available through the correction system.
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there any way that I can supply my own medications?
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THE COURT:
I cannot order that.
None of these
It seems to me
Is
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that they have -- you check with the probation office.
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MR. FULLER:
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THE COURT:
Yes, I did.
I've had cases like this of people who
4
are in the corrections system.
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recommendation.
I will add another
I cannot order it.
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MR. FULLER:
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THE COURT:
I understand.
But in the judgment and commitment
8
order I will recommend that if you can, at your own expense,
9
buy appropriate medication which they'll screen, appropriate
10
for your physical condition, that you be permitted to do so.
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MR. FULLER:
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THE COURT:
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MR. MONTESINO:
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(Whereupon the matter concluded.)
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Thank you.
That's the sentence of the Court.
Thank you.
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