APPLICATION AND AMENDED RESTITUTION ORDER

ANTHONY W. ISHII, Senior District Judge.

WHEREAS, on January 27, 2014, defendants JAMES LEE LANKFORD and JON VANCE MCDADE were sentenced, among other things, to pay restitution in the amount of $948,826 and $1,443,826 (jointly and severally with co-defendant LANKFORD), respectively;

WHEREAS, on or about January 28, 2014, the United States Attorney's Office received documentation supporting an additional restitution claim by Carol Rogers as administrator of the estate of Paul Triller in the amount of $337,500 [attached hereto as Exhibit A];

WHEREAS, on or about January 29, 2014, the United States Attorney's Office received documentation to support an additional restitution claim by Fannie Mae in the amount of $180,842.50 [attached hereto as Exhibit B];

WHEREAS, pursuant to 18 U.S.C. § 3664(d)(5), good cause exists for the failure to include such losses in the initial claim for restitutionary relief, insofar as the government was unable until recently to locate Ms. Rogers and confirm her entitlement to restitution (as administrator for the actual victim's estate), and insofar as Fannie Mae's due diligence undertaking on approximately 64 real properties involved in this case to determine whether Fannie Mae had acquired any of the underlying loans and suffered losses thereby required additional time;

WHEREAS, on February 6, 2014, counsel for the United States of America ("government") provided to counsel for defendants the documentation it received from Ms. Rogers and Fannie Mae and notified defense counsel that the government supported these claims for restitution; and

WHEREAS, the government seeks to provide defense counsel reasonable time to respond to this application, which is timely filed pursuant to 18 U.S.C. § 3664(d)(5);

ACCORDINGLY, pursuant to 18 U.S.C. § 3664(d)(5), the government applies for entry of an Order amending the Judgments as to each defendant entered on February 4, 2014 [Docs. 152 & 153], and ordering that Carol Rogers is due restitution in the amount of $337,500.00, and Fannie Mae is due restitution in the amount of $180,842.50, such that defendant JAMES LEE LANKFORD is ordered to pay restitution in the total amount of $1,286,326, and defendant JON VANCE MCDADE is ordered to pay restitution in the total amount of $1,962,168.50 (jointly and severally with co-defendant LANKFORD). The government proposes that defense counsel file any response or objections to this application within 14 days of this application (on or before March 24, 2014), and that should any objections be filed, a restitution hearing (in lieu of entry of the proposed Order) be held to resolve these claimants' restitution claim.

AMENDED RESTITUTION ORDER

Pursuant to 18 U.S.C. § 3664(d)(5), the Judgments as to each defendant entered on February 4, 2014 [Docs. 152 & 153], are amended to provide that Carol Rogers is due restitution in the amount of $337,500.00, and Fannie Mae is due restitution in the amount of $180,842.50, such that defendant JAMES LEE LANKFORD shall pay restitution in the total amount of $1,286,326 and defendant JON VANCE MCDADE shall pay restitution in the total amount of $1,962,168.50 (jointly and severally with co-defendant LANKFORD).

IT IS SO ORDERED.