Filed: Feb. 02, 2017
Latest Update: Feb. 02, 2017
Summary: STIPULATION AND ORDER RE RESTITUTION DALE A. DROZD , District Judge . The United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. The defendant was sentenced by the Court on February 1, 2017, following conviction after a guilty plea to one count of conspiracy to commit mail fraud (18 U.S.C. 1349). 2. At sentencing, the government submitted a calculation of the restitution amount to the Court, co
Summary: STIPULATION AND ORDER RE RESTITUTION DALE A. DROZD , District Judge . The United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows: 1. The defendant was sentenced by the Court on February 1, 2017, following conviction after a guilty plea to one count of conspiracy to commit mail fraud (18 U.S.C. 1349). 2. At sentencing, the government submitted a calculation of the restitution amount to the Court, com..
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STIPULATION AND ORDER RE RESTITUTION
DALE A. DROZD, District Judge.
The United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. The defendant was sentenced by the Court on February 1, 2017, following conviction after a guilty plea to one count of conspiracy to commit mail fraud (18 U.S.C. § 1349).
2. At sentencing, the government submitted a calculation of the restitution amount to the Court, comprising false insurance claims paid out in connection with the defendant's conviction. Following the hearing, the government discovered additional corrections to be made to the restitution amount, resulting in a final restitution calculation of $695,674.39. The corrections and underlying calculations have been submitted and reviewed by defense counsel in order to submit this stipulation and proposed order.
3. The parties have reached this agreement and stipulation as to the restitution amount owed by the defendant, as set forth below. The parties therefore jointly request that the agreed restitution be incorporated into the judgment following sentencing.
4. The parties agree and stipulate, and request that the Court find the following:
a. The total amount of restitution owed by defendant Soriano-Villafan is set forth in Attachment A to this stipulation. Attachment A describes the total amount of restitution and the apportionment of restitution among defendant Soriano-Villafan's victims in this case.
b. Defendant Soriano-Villafan agrees that the judgment and commitment issued in his case will include the restitution amounts and apportionment agreed to in Attachment A.
c. Restitution as stated in Attachment A shall be due during the period of imprisonment, at the rate of not less than $25 per quarter, and pursuant to the Bureau of Prisons' Inmate Financial Responsibility Program. The interest is waived.
IT IS SO STIPULATED.
IT IS SO ORDERED.
ATTACHMENT A: U.S. v. Soriano-Villafan, 15-cr-233-DAD Restitution Amounts and Payee Information
Victim Name and Address Restitution Joint and Several Liability (If
Amount Applicable)
Access General Insurance Joint and Several with Co-defendants
Company $84,273.27 Sanchez-Becerra and Oscar Diaz Landa, up
3 Ravinia Drive, Ste 400 to their respective restitution amounts.
Atlanta, GA 30346
Affirmative Insurance N/A
P.O. Box 9041, Addison, TX $14,152.02
75001
Allstate Insurance Joint and Several with Co-defendants
10100 Trinity Parkway, #200 $10,890.35 Sanchez-Becerra and Oscar Diaz Landa, up
Stockton, CA 95219 to their respective restitution amounts.
Explorer Insurance Joint and Several with Co-defendants
P.O. Box 906, Santa Clarita, $35,494.87 Sanchez-Becerra and Oscar Diaz Landa, up
CA 91380 to their respective restitution amounts.
Farmers Insurance Joint and Several with Co-defendant
1190 Saratoga Ave., Suite 200 $109,053.25 Oscar Diaz Landa, up to his respective
San Jose, CA 95129 restitution amount.
GEICO Joint and Several with Co-defendants
712 Bancroft Rd. #280 $128,143.99 Sanchez-Becerra, Oscar Diaz Landa and
Walnut Creek, CA 94598 Alfonso Apu, up to their respective
restitution amounts.
Infinity Insurance Company Joint and Several with Co-defendants
13340 183rd St Suite 100 $32,327.06 Sanchez-Becerra and Oscar Diaz Landa, up
Cerritos, CA 90703 to their respective restitution amounts.
Kemper Services Group N/A
603 Seagaze Drive #794 $25,826.38
Oceanside, CA 92054
Nationwide Insurance Joint and Several with Co-defendants
Three Nationwide Plaza, $18,125.99 Oscar Diaz Landa and Alfonso Apu, up to
Columbus, OH 43215 their respective restitution amounts.
Progressive Insurance Joint and Several with Co-defendant
2860 North Main Street Suite $57,602.52 Alfonso Apu, up to his respective
150, Walnut Creek, CA 94597 restitution amount.
Sentry Insurance Joint and Several with Co-defendant
9060 E. Via Linda Blvd, $36,001.13 Oscar Diaz Landa, up to his respective
Scottsdale, AZ 85258 restitution amount.
State Farm Insurance Joint and Several with Co-defendants
P.O. Box 52257 $124,655.16 Sanchez-Becerra and Oscar Diaz Landa, up
Phoenix, AZ 85072-2257 to their respective restitution amounts.
Western General Insurance N/A
5230 Las Virgenes Road, $19,128.40
Calabasas, CA 91302
Total $695,674.39