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.~'~aa~FF~1a~~cument 228 Entered ~n FLSD Docket 08/06/1999_ Page 1._of 7

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UNITED ~7AT~S c~F AMERICA v. PAU1, ~CUCii{

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~~urt

5outh~r-n District of F'lorid~

Jt1Dt3M~NT'!N A CF21MIfdAL CASE
(For offenses Committed On ar After iVoverrfber 1, 198 Case Number: 9:98CI20~117-007
~'tichacl G. Smith, Esq.

THE D~FENDAIUT:

DelendanYs A1~omey

;:< pleaded guilty to caunt(s) ONE ~,Ptltc indictmene r+n OJiIl~/1999. pleaded polo contendere to co~nt(s) which was accepted by the court. LJ was found guilty on counts) after a plea of not guilty. 1'itte &Sec#ior~ 18 U.S.C, ~ 371 __ _ _ _ _

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Nature +~f Offense

Date Offense Count Concluded Numbs s

ONE

~".~mx~iract' to cai~mit xccuritic~ fraud. snail frau~@ ~~n~ wire (I(r/30/1195 ffruuil.

The defendant is sentenced as provided in pages 2 through ___7_ of this judgmenk. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. The defendant has been found not guilty an counts) ~~ Counts) A~.~..I~EMAlNITVG COUNTS __._._ ._.. are dismissed on the mo4ion of the United States.

17" IS FURTHER OR~ERE~ #hat the defendant shall notify the United estates Attorney fflr this district within 30 days of any change of name, residence, or mailing address until all fines, resti4utian, costs, and special assessments imposed by this judgmenfi are fully paid.
DelendanYs Sac. Sic. Pdo.: f}efBnd3rd's Date pf Bitttl: DefendanPs USM No : (j/Z.!/ 1 ~5~i 5J352_(}tl-t _ _. _,.,___ ~. _, _ ____ ., 1i712f~/1')9') --oa~e d ~mPOSniw+ o+ d~egmene

Deten~nYs Residence Address:

-. -- . 2,St9 N.Ocean 81~~d. ._-

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Sipnature oI Judicial ptlme~

~tC~ ~il~lifl'

Fl.

33.831

DAniel T. K. Hurled [Jnited Sta~tc~ District Jude

Defendanfs Mailing Address:

Name & Tplr of JuAicial OHice~

2519 N. ocean ~Iv~k. #2ll6 ~~o~s~ Ratut~, __------_..._. _ _FL ~~,~~I Date ~ y ~~

p0 245B(Rev.~Shee12 - Imprisonment

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Case 9:98-cr-08117-DTI~H Document 228 Entered on FLSD Docket 08/OBI

DEFENDANT: CASE NUMBER: PAUL ICUCI~ 9a9ldCROR 1 17.007

The defendant is hereby committed to the custody of the United States Bureau of Prisons to bey imprisoned for a total term of ~ en~~ t sZ_._.___ This ix the total term of imprixonmcnt im'~~zcd as to Cnunt ONE of t9~c ln~tic~mcnt.

T'he court makes the following recommendations to 4he Bureau of Rrison~:

The enurt recommends the term utimpe~se~nment bo setved xt x r~~inimuni sccurit~ facility near tl~c defienJant's home o~ record.

Thy defendant is remanded to the custody of the United States Marshal.

The defendant shall surrender to the United States Marshal for this district:
;, a4 12:00 p.m. on IIR/27!!9)9 _.

~ES~ P

BEACH, ~i.

as notified by the United States Marshal. ~ 'The defendant if I surrender for senric~ of sentence at the institutiort{tiesignated by the Bureau of Prisons:

--, ~' before 2 p.m. on ` [] as notified by the Unified States Marshal. as notified by the Probation or Pretrial Services t]Kce.

have executed this judgment as follows:

Defendant delivered an at

to with a certified copy of 4his judgment.

UNITEQ STATES MARSHAL

By__

__.
Deputy U S. Marshal

AO T4btl (F1ay. 8/98)Shaet 3- Supervised Release i --

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Case 9:98-cr-08117-DTKH Document 228 Entered on LSD Docket 08 /OPaRa~3..c~7_~

[7EFENDANT; CASE NUMBER: PAUL. KUCII~ 9:4RCIdl1~i 117-007

Upon release from imprisonment, the defendant shall be on supervised release for a term of The i~ tke total term ofsuperviACd rcicucc ini~ti+~~ed as t~~ fount dNE of the lndi~:tmeni.

ycar(s)T

The defendant shall repot# 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 commi4 another federal, state, or local crime. The defendant shall not illegally possess a controlled subs#ance. For oA'enses committed on or aRer September 93, 9994: The defendant shall refrain from any unlawful use ofi a contrafied substance. The defendant shall submit to one drug tes# within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as directed by the probation officer. ~? The above drug testing candiUon 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 as defined in 18 U.S.C. 921.(Check, if applicable.) If this judgment imposes a fine or a restitution obligation, it shall be a condi6an of supervised release that the defendant pay any such fine or restitution that remains unpaid at the commencement of the term of supervised release in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment. The defendant shall comply with the standard conditions that have been adopted by this court (set forth below). The defendant shall also comply with the additional conditions on the attached page (if indicafied below.
'xw S~xris~l Cun~titi~u~c ofSuperu~iun - Pn~;e

51s4NQAR[? CON[~ITIOIV~ OF SLIPERVIS101~

1) the defendant shall not leave the audicial district withou4 the permission of the court or probation officer; 2) the defendant shall report to the probation officer and shall submil a truthful and complete wri#ten report within 4he first fnre days of each month; 3) the defendant shall answer #ruthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) the defendant shall support hi or her dependents and meet other family responsibilities; 5) the defendant shall work regularly at a lawfiul occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; B) the defendant shall notify the probation officer #en days prior to any change in residence or employment; 7) the defendant shall refrain from excessive use of alcohol; 8) the defendant shall not frequent places where controlled substances are r{legally sold, used, dis4ribu#ed, 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 sa by the probation officer; 10)the defendant shall permit a probation nicer to visit him or her at any 4ime at home ar elsewhere and shall permit confiscation of eny contraband observed in plain view of the proba4ion officer; 71)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 io act as an informer or a special agent of a law eniorcemen4 agency without the permission of the court; 93) as directed by the probation officer, the de#endant shall notify third parties of risks that may be occasioned by the defendants criminal record or personal history or characteristics, and shall permit the probation o~cer to make such notifications and to confirm the defendants compliance with such notification requirement.

MU L'~JU ~nEY. Of70J JII~;VI J ~ btlp8iVf88(1 K@18H89

Case 9:98-cr-08117-DTKH Document 228 Entered on LSD Docket 0810~s~~p

pE~ENDANT:
CASE NUMBER:

4 o~r7__Z__

PAUL KU~[K
9:99iCR08117-tQ7 ~~~~~~~ ~~~~I~~~~~ ~~ ~~~~~~~~~~~

'!'hc defendant shall particip~ke in khe Humc ll~tcntian Elcctrunic Mnniturin~ I'ro~;ra~n for ~ perind of 150 duy~. 1During thix time the defendant shall remain xt hiq or her place of rc~iden~w except fir empH~~~ment send other activities appruvev in advance by the United Statca Probation ~fi~cce. The defendant xhotll tttsintain a tcic~~hune sot hiv nr hdr place of rc~iJe~ce without call forwarding, c,~ll waiting,~ modem,Caller itD, or c+oll l,acWcull block Ker~ices fi r the ab~we period. The vefendunt shall wear an elcctranic munikurin~ device end fnllaw the cP~ekr~~nic: mvnitnrin~ procedures xpccified b} the ilnited Statue Probxiiun Oi~iccr. In ~Jdition,the defendant shall pay c~~t of electronic monitnrink ut the rate otS -l.GO f1CP II:1)'(1P Ifl aCC1~Ptr~1RICC ~VItFI IFIC tlCfClill:Itlf~A BVIIIt~' tQ ~ltl~' dS determined by the United 5txtc~ Prubati~n Officer. The dependant Thal! maintain full time, ic~itim:itc cmplo~~nent and nut !c uncmpfo~~ed fc~r a term of mare than 3U days, unlese excuxed by the lJnited States Probation ~Dtrcer. Further,the defcnduni,hsI! pru~+dc dc~cu~ucnYation incluJing,but not limited to p~y9tubs,contractual agrccmuntr,i~V-2 Way;c and Eaenin~;s Statements,end otbew duceamenly rcqueatud by the United States Probation Oi~iccr. The defendant ghall net he en~a~;eii in any burine~x that nil''crx ~ccuritic4,inr~ertmente,or lausinexv uppnrtuniticy to the public. The defendant iA turthee prnhilited fnm en~;tfiin~ in tclemairkc4in~!, direct mail or n:~kiunul ~dvertirin};campign~ for business purpasea without th6 permivxion of the iJnited StNtcs Pnbati~~n ~f~icer.

AO 2 58(Rev.8l~6)Sheet 5,Past A Criminal Moneic~

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Case 9:98-cr-08117-DTK~i Document 22~ Entered an FLSD Docket D8/08~s7

DEFENDANT: CASE NUMBER: PAUL KUC1~6 9;98CRORti7~4Nl7

P~ag~~.,.a6f7~

CRlMIiVAL IVII~PVETr4Rlf PENALTl~S

The defendant shall pay the fallowing total criminal monetary penalties in accordance with the schedule of payments set forth on Sheet 5, Part B. Ft~stitutir~n Fine Assessment TotaPs $ 511.01! S $ 34x.69

If applicable, restitution amount ordered pursuant to plea agreement.............

___ _ .. . The above fine includes costs of incarceration and/or supervision in the amount of $ The defendant shall pay interest on any fine of more than $2,5Q0, unless the fine is paid in full before the fifteenth day after the date of judgment, pursuant to 18 U.S.C. 3612(f~. AI{ of the payment options on Sheet 5, Part B may be subJect to penalties for default and delinquency pursuan# to 18 U.S.C, 3612(8). The court determined that the defendant does not have the ability to pay interest and it is ordered that: ,f] The interest requirement is waived. 'The interest requirement is modified as follows:

~~~~0~~~~~~ The determination of restitution is deferred until will he entered after such ~ determination. _ _ _ __ An Amended Judgment in a Criminal Case

The defendant shall make restitution to the following payees in the amounts listed below. If the defendant makes a partial payment,each payee shall receive an approximately proportional payment unless specified otherwise in the priority order or percentage payment column below. Priority Qrder or Percentage Amount of `Total Am~aun4 of Loss Restitution Ordered of ~aVment Name of Payee Itv~ICA7'ED iP~177~IE ~R~EPV'I'EIVCE 1NVFSTIG~7'lOtV RE~'QRT INDICATED ItV THE PRESEt~lTENCE IPIVESTI~A'i'fON REPOT X116.25 !~2Z8.~6-~ S 1 16.25 S22R,$~6

TO ale:

3.s~.b')_

3:1:!_69

offenses "Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 1 S for 1996. Apri123, committed on ar after September 13, 1994 but before

u[~oa(rtev_tu~) Sneer 5,Pan B - Cnm~n~l Moneta S

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/08~A-p~ag~.~o~+7~. Case 9:98-cr-08117-DTKH Document 228 Entered on FLSD Docket 08

DEFENDANT: CASE NUMBER PAUL ~CUCIK
9:J8CRU$I t7-(109

S~h1EDlJL~ ~F P'~1YiViEN1"S
Payments shall De applied in the following order:(1}assessment;(2) restitution;(3)fine principal;(4) cost of prosecution;(5) interest;(6) penalties. Payment of fih~ total fine and other criminal mone4ary penalties shall b~ due as fullowrs: A ~ in full immediately; or B [~ S C ~ not later than immediately, balance due (in accordance with C, ~,~r E); or ; or

_ days) after the date of khis judgment. In the event the entire amount of [D ~ in installments to commence __ criminal monetary penalties imposed is not paid prior to the commencement of supervision, the U.S. probation o~cer shall pursue collection of the amount due, and shall request the court to establish a payment schedule if appropriate; or
E ~~ itt _._ _.______ (eg- B4ual, weekly, monthly, quarterly) installments of $

over a period of

year(s) to commence ~_~

days) after the date of this judgment.

The defendant wiU receive credit for atl payments previously made toward any criminal monetary penalties imposed.

Special instruc~Yions regarding the payment of criminal monetary penalties: The reAtitutinn is payable to the U.S. Couets Hod i+~ to be s~ddrease~l to: IJ.S. Ckrkq Office, ATTN: Financiul Section,3U1 I~1. P~iiami Avenue,Rim 1 SQ, Miutni, Fluridse 3312 ,who gill fnn~ard the rectitutiun payments to the victims. 'C'he IJ.S. $urca~ ofPriaana, U.S, Prul~hti~in ORf~~ and the U.5. Attnroc~~'s Once :rc respunsih~c for the enPurr:ement of tfiis order.

The defendant shall pay the cost of prosecution.

The defendant shall forfeit the defendants interes4 in fhe following properfy to the United ataYes:

Unless the court has expressly ordered otherwise in the special instructions above, if this judgment imposes a period ~f imprisonment payment of criminal monetary penalties shall be due during the period of imprisonment_ All criminal monetary penalty payments, except those paymenfis made thr9ugh the Eiureau of Prisons' Inmate Financial Responsibitity Grogram are to be made as directed by the court, the proba4ion officer, or the United States attorney.

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Case 9:98-cr-08117-DTKH Document 228 Entered on FLSD Docket Q8 /Qb~'~-P~age~~~f7~-PAUL, KIJCIK 9:98CKti$!17-017 ~

CABS NUMBER:

;c~ 1'he court adopts the factual findings and guideline application in the presentence report, ~~ ~~ The court adopts the factual 9indings and guideline application in 4he presentenc~ report ~xcep4(see attachmen4, if

necessary):

Guideline Range [~~t~rmined by the court: Total Offense Leve{; f2

Criminal History Category: Imprisonment Flange: 1 It1- ~Cr iWontha 2 -3 Yc:rn

Supervised Release Range:

Fine Range: $ _~_3.Q0~.D9, __ to $ _~.~o71r~.i~ _ ;~ Fine waived or below the guideline rangy because of inability to pay. ~_ .~J-I.G~!___. _

To4al Amount of Res4itution: $

Res4itution is not ordered because the complication and prolongation of the sentencing process resulting from fhe fashioning of a restitution order outweighs the need to provide restitution to any victims, pursuant to 1811.S.C. 3663(d). For offenses committed on or after September 13, 1994 bu4 before April 23, 1996 that require the total amount of loss to be stated, pursuant to Chapters 109A, 110, 11QA, and 113A o9 Tit1e 9~, restitution is not ordered because the economic circumstances of the defe~dan4 do no4 a91ow for the payrn~nt of any amount of a restitution order, and do not allow for the payment of any or some portion of a restitution order in the forseeable future under any reasonable schedule of payments, ~~ Parkia~ restitution is ordered for the following reason{s):

r~

The sQntenc~ is within the guideline range, tha4 range does not exceed 24 months, and the court finds no reason to depart from the sentence called for by the appl"scation of the guidelines. ~~ Cl The sentence i~ within the guideline range, 4hat range exceeds 24 months, and the s$nkence is imposed far the following mason{s):

~~ T'he sentence departs from 4he guideline rang: U upon moan of the government, as a result of defendant's substaneial assistance. for the following specific reason(s):