Filed: Feb. 09, 2016
Latest Update: Feb. 09, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO AMEND JUDGMENT PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 36 JON S. TIGAR , District Judge . WHEREAS, on December 16, 2015, the Court entered a judgment against defendant Alex Budiman in the above-referenced criminal case (Dkt. 29); WHEREAS, the parties agree that in order to clarify the judgment as to Budiman's restitution obligations, the judgment must be amended. On page 5 of the judgment, the restitution payee is identified as the Hartford Fire
Summary: STIPULATION AND [PROPOSED] ORDER TO AMEND JUDGMENT PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 36 JON S. TIGAR , District Judge . WHEREAS, on December 16, 2015, the Court entered a judgment against defendant Alex Budiman in the above-referenced criminal case (Dkt. 29); WHEREAS, the parties agree that in order to clarify the judgment as to Budiman's restitution obligations, the judgment must be amended. On page 5 of the judgment, the restitution payee is identified as the Hartford Fire I..
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STIPULATION AND [PROPOSED]ORDER TO AMEND JUDGMENT PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 36
JON S. TIGAR, District Judge.
WHEREAS, on December 16, 2015, the Court entered a judgment against defendant Alex Budiman in the above-referenced criminal case (Dkt. 29);
WHEREAS, the parties agree that in order to clarify the judgment as to Budiman's restitution obligations, the judgment must be amended. On page 5 of the judgment, the restitution payee is identified as the Hartford Fire Insurance Company (the "Hartford") and the restitution ordered refers to the defendant's payment agreement with Hartford Insurance, which requires payments to be made directly to the Hartford. On page 6 of the judgment, the special instructions for the schedule of payments provide that the monetary penalties be made to the Clerk of the U.S. District Court;
WHEREAS, Mr. Budiman entered into a payment agreement with the Hartford in 2014 and began making monthly payments in the amount of $100 pursuant to that agreement in January 2015, and to facilitate a streamlined process for making restitution payments and in recognition of the fact Mr. Budiman had already begun making payments to the Hartford;
WHEREAS, the Government and Mr. Budiman agree that restitution payments ordered by the Court should be made pursuant to and consistent with the payment agreement with the Hartford. Mr. Budiman previously provided a copy of the payment agreement to the Government in conjunction with the plea agreement, and to the Probation Office in conjunction with the presentence report;
WHEREAS, on February 2, 2016, counsel for Mr. Budiman was contacted by the Financial Litigation Unit of the United States Attorney's Office regarding the monetary penalties Mr. Budiman was ordered to pay. It became clear during that conversation that there was confusion about restitution payments and the clerical discrepancy in the judgment, and that an amended judgment would be necessary to resolve the inconsistencies between the provisions on page 5 and page 6 of the current Judgment;
WHEREFORE, IT IS HEREBY STIPULATED AND AGREED between the Government and Mr. Budiman, and they hereby request, that the Court amend the judgment to state that Mr. Budiman shall pay restitution pursuant to and consistent with the terms of the payment agreement entered into between Mr. Budiman and the Hartford. Counsel for Mr. Budiman consulted with the U.S. Probation Officer assigned to this case and he provided a proposed Amended Judgment for the Court's consideration, a copy of which is attached to this stipulation. The proposed Amended Judgment incorporates the requested change to Page 6, Paragraph F and attaches a copy of the payment agreement. The revised Paragraph F reads as follows:
F Special instructions regarding the payment of criminal monetary penalties:
The special assessment is due immediately and is payable during imprisonment at the rate of not less than $25 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program. The defendant shall pay restitution pursuant to and consistent with the terms of the payment agreement between the defendant and the Hartford Fire Insurance Company. The defendant shall send proof of his timely restitution payment to Hartford Fire Insurance Company in the form of a canceled check to the United States Probation Office at 1301 Clay Street, Suite 220S, Oakland, CA 94612 by no later than 14 days after each payment is made. The executed payment agreement is attached hereto and incorporated herein as Exhibit A.
ATTESTATION: Pursuant to General Order 45, Part X-B, the filer attests that concurrence in the filing of this document has been obtained from the signatories thereto.
IT IS SO ORDERED.
