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govinfo:USCOURTS-cand-4_09-cr-01064-10
AO 245B (Rev. 6/05 - Judgment in a Criminal Case
United States District Court
Northern District of California
AMENDED
UNITED STATES OF AMERICA
v.
RICHARD BAREKZIA
JUDGMENT IN A CRIMINAL CASE
USDC Case Number: CR-09-01064-001 DLJ
BOP Case Number: DCAN409CR001064-001
USM Number: 14082-111
Defendant’s Attorney :Ellen Leonida
Date of Original Judgment: February 24, 2011
Reason for Amendment: clerical error
THE DEFENDANT:
[x] pleaded guilty to count(s): 1,2,3,4,5 and 6 of the Indictment .
[ ] 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 offense(s):
Title & Section Nature of Offense
Offense
Ended Count
See next page.
The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.
[ ] 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 any material changes in economic circumstances.
February 18, 2011
Date of Imposition of Judgment
Signature of Judicial Officer
Honorable D. Lowell Jensen, U. S. District Judge
Name & Title of Judicial Officer
March 1, 2011
Date
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 1 of 8
AO 245B (Rev. 12/03) - Judgment in a Criminal Case
DEFENDANT: RICHARD BAREKZIA Judgment - Page 2 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED
ADDITIONAL COUNTS OF CONVICTION
Title & Section Nature of Offense
Date Offense
Concluded
Count
Number(s)
18 USC § 1349 Conspiracy to Commit Bank Fraud 2006-2007 One
18 USC § 1344 Bank Fraud 9/1/2006 Two
18 USC § 1344 Bank Fraud 9/1/2006 Three
18 USC § 1344 Bank Fraud 9/26/2006 Four
18 USC § 1344 Bank Fraud 9/26/2006 Five
18 USC § 1344 Bank Fraud 11/1/2006 Six
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 2 of 8
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation
DEFENDANT: RICHARD BAREKZIA Judgment - Page 3 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED **
PROBATION
Count 1:
The defendant is hereby sentenced to probation for a term of 3 years .
Counts 2-6:
The sentence is the same as in Count 1, to run concurrent with each other and concurrent to Count 1.
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 placement on probation and two periodic drug tests thereafter.
[ ] 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.)
[x] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.
(Check if applicable.)
[x] The defendant shall cooperate in the collection of DNA as direct as directed by the probation officer. (Check if
applicable.)
[ ] The defendant shall register with the state sex offe nder registration agency in the state where the defendant
resides, works, or is a student, as direct 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 probation 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 with any
additional conditions in this judgment.
Any appearance bond filed on behalf of the defendant is hereby exonerated.
STANDARD CONDITIONS
1) The defendant shall not leave the judicial district without 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 pr obation officer and follow the instructions of the probation officer;
4) The defendant shall support his or her dependa nts 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 te n days prior to any change in residence or employment;
7) The defendant shall refrain from excessive use of alcohol and sh all 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 substa nces 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 sevent y-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 notif y 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.
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 3 of 8
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation
DEFENDANT: RICHARD BAREKZIA Judgment - Page 4 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED **
SPECIAL CONDITIONS OF PROBATION
1) The defendant shall not have contact with any defendant in related case namely ,Faroq Gulam aka Calvin
Gulam.
2) The defendant shall not be employed in the mortga ge industry without the prior approval of the probation
officer.
3)
The defendant shall pay any restitution and special assessment that is imposed by this judgment, and that
remains unpaid at the commencement of the term of probation.
4) The defendant shall provide the probation officer acce ss to any requested financial information, including
tax returns, and shall authorize the probation office to conduct credit checks and obtain copies of income
tax returns.
5) The defendant shall not open any new lines of credit and/or incur new debt without the prior permission of
the probation officer.
6) The defendant shall not maintain a position of fiduciary capacity without the prior permission of the
probation officer.
7)
The defendant shall consent to be monitored for a period of 12 months by the form of location monitoring indicated
below and shall abide by all of the requirements established by the probation office related to the use of this location
monitoring technology. The cost of participation in the location monitoring program shall be waived.
**• Location Monitoring technology at the discretion of the probation officer
** The defendant is restricted to his residence every day from 6:00 p.m. to 8:00 a.m.
8) The defendant shall participate in a mental health treatment program, as directed by the probation officer. The
defendant is to pay part or all costs of this treatment, at an amount not to exceed the cost of treatment, as deemed
appropriate by the probation officer. Payments shall never exceed the total cost of mental health counseling. The actual
co-payment schedule shall be determined by the probation officer.
9) The defendant shall submit his person, residence, office, vehicle, or any property under his control to a
search. Such a search shall be conducted by a United States Probation Officer at a reasonable time and in a
reasonable manner, based upon reasonable suspicion of contraband or evidence of a violation of a condition of
release. Failure to submit to such a search may be grounds for revocation; the defendant shall warn any
residents that the premises may be subject to searches.
10) The defendant shall not own or possess any firearms, ammunition, destructive devices, or other dangerous
weapons.
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 4 of 8
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case - Probation
DEFENDANT: RICHARD BAREKZIA Judgment - Page 5 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED **
PROBATION
11) The Court orders restitution in the amount of $798,524.00 to be paid as follows: $405,000.00 to be paid to
American Mortgage Nework Inc. (Wachovia Bank) and $393,524.00 to Provident Savings Bank, FSB.
Restitution is joint and several with defendant Faroq Gulam aka Calvin Gulam.
12) The defendant shall cooperate in the collection of DNA as directed by the probation officer.
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 5 of 8
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments
DEFENDANT: RICHARD BAREKZIA Judgment - Page 6 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED
* 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.
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.
Assessment Fine Restitution
Totals: $ 600.00 $ $ 798,524.00
[ ] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C)
will be entered after such determination.
[x] The defendant shall make restitution (including community restitution) to the following payees in the
amount listed below.
If the defendant makes a partial payment, each pay ee shall receive an approximately proportional payment
unless specified otherwise in the priority order or per centage 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 Total Loss* Restitution Ordered Priority or Percentage
American Mortgage Network,
Inc.(Wachovia Bank); 10421
Wateridge Court, Ste. 250 San Diego,
CA 92121
$405,000.00
Provident Savings Bank, FSB, 3756
Central Ave., Riverside, CA 92506
$393,524.00
Totals:
$ $ 798,524.00
[ ] 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 [ ] fine [ ] restitution.
[ ] the interest requirement for the [ ] fine [ ] restitution is modified as follows:
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 6 of 8
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments
DEFENDANT: RICHARD BAREKZIA Judgment - Page 7 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED
Payments shall be applied in the fo llowing order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) f ine principal, (5) fine interest, (6) community
restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.
SCHEDULE OF PAYMENTS
Having assessed the defendant’s ab ility to pay, payment of the total criminal monetary penalties are due as
follows:
A [ ] Lump sum payment of $ due immediately, balance due
[ ] not later than , or
[ ] in accordance with ( ) C, ( ) D, ( ) E or ( ) F below; or
B [ ] Payment to begin immediately (may be combined with ( ) C, ( ) D, or ( ) F below); or
C [ ] Payment in equal (e.g. weekl y, 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[ x] Special instructions regarding the payment of criminal monetary penalties:
Restitution payments shall be made to the Clerk of U.S. District Court, Attention: Financial Unit, 450 Golden
Gate Ave., Box 36060, San Francisco, CA 94102 at a rate of $300 per month. Restitution is joint and several with
defendant in related case, Faroq Gulam, aka Calvin Gulam until full restitution is paid.
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.
[x] Joint and Several
Defendant and co-
defendant Names
Case Numbers
(including
defendant number)
Total Amount Joint and Several
Amount
Corresponding
Payee (if
appropriate)
Faroq Gulam aka
Calvin Gulam
CR-08-00917-01-
DLJ
$798,524.00 $798,524.00
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 7 of 8
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments
DEFENDANT: RICHARD BAREKZIA Judgment - Page 8 of 8
CASE NUMBER: CR-09-01064-001 DLJ AMENDED
Payments shall be applied in the fo llowing order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) f ine principal, (5) fine interest, (6) community
restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.
[ ] The defendant shall pay the cost of prosecution.
[ ] The defendant shall pay the following court cost(s):
[ ] The defendant shall forfeit the defendant's inte rest in the following property to the United States:
Case 4:09-cr-01064-DLJ Document 52 Filed 03/01/11 Page 8 of 8