Amended Judgment — United States v. Muhammad Noor Ul Ain Atta (C.D. Cal., Filed 11/17/22)

Summary

An amended judgment filed November 17, 2022 as Document 53 in United States v. Muhammad Noor Ul Ain Atta, Case 2:22-cr-00323-PA (Docket No. CR 22-323 PA), in the United States District Court, Central District of California. It orders a special assessment of $200 and restitution in the total amount of $6,643,540.00 pursuant to 18 U.S.C. § 3663A, and states that interest on the restitution is waived and that all fines are waived. The special conditions include bars on employment with or affiliation with any financial institution insured by the Federal Deposit Insurance Corporation and on business involving loan programs, and a search condition. The Court recommends the Residential Drug Abuse Program (RDAP) and the Federal Correctional Institution at Terminal Island, and states that the defendant was advised of the right to appeal.

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Case 2:22-cr-00323-PA Document 53 Filed 11/17/22 Page 1 of 6 Page ID #:386
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 USA vs.      Muhammad Noor Ul Ain Atta                             Docket No.:   CR 22-323 PA



              and testing, to determine if the defendant has reverted to the use of drugs. The defendant shall reside in the
              treatment program until discharged by the Program Director and Probation Officer.

         5. As directed by the Probation Officer, the defendant shall pay all or part of the costs of the Court-ordered
            treatment to the aftercare contractors during the period of community supervision. The defendant shall
            provide payment and proof of payment as directed by the Probation Officer. If the defendant has no ability
            to pay, no payment shall be required.

         6. During the period of community supervision, the defendant shall pay the special assessment and restitution in
            accordance with this judgment's orders pertaining to such payment.

         7. The defendant shall cooperate in the collection of a DNA sample from the defendant.

         8. The defendant shall apply all monies received from income tax refunds, lottery winnings, inheritance,
            judgments and any other financial gains to the Court-ordered financial obligation.

         9. The defendant shall not be employed by, affiliated with, own or control, or otherwise participate, directly or
            indirectly, in the conduct of the affairs of any financial institution insured by the Federal Deposit Insurance
            Corporation.

         10. The defendant shall not be employed in any capacity wherein the defendant has custody, control, or
             management of the defendant’s employer’s funds.

         11. The defendant shall not engage, as a whole or partial owner, employee or otherwise, in any business involving
             loan programs, telemarketing activities, investment programs or any other business involving the solicitation
             of funds or cold-calls to customers without the express approval of the Probation officer prior to engaging in
             such employment. Further, the defendant shall provide the Probation Officer with access to any and all
             business records, client lists, and other records pertaining to the operation of any business owned, in whole or
             in part, by the defendant, as directed by the Probation Officer.

         12. The defendant shall not obtain or possess any driver’s license, Social Security number, birth certificate,
             passport or any other form of identification in any name, other than the defendant’s true legal name, nor shall
             the defendant use, any name other than his true legal name without the prior written approval of the Probation
             Officer.

         13. The defendant shall submit the defendant's person, property, house, residence, vehicle, papers, or other areas
             under the defendant's control, to a search conducted by a United States Probation Officer or law enforcement
             officer. Failure to submit to a search may be grounds for revocation. The defendant shall warn any other
             occupants that the premises may be subject to searches pursuant to this condition. Any search pursuant to this
             condition will be conducted at a reasonable time and in a reasonable manner upon reasonable suspicion that
             the defendant has violated a condition of his supervision and that the areas to be searched contain evidence of
             this violation.

The Court authorizes the Probation & Pretrial Services Office to disclose the Presentence Report to the substance abuse
treatment provider to facilitate the defendant's treatment for narcotic addiction or drug dependency. Further
redisclosure of the Presentence Report by the treatment provider is prohibited without the consent of the sentencing
judge.
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                 Case 2:22-cr-00323-PA Document 53 Filed 11/17/22 Page 3 of 6 Page ID #:388

 USA vs.      Muhammad Noor Ul Ain Atta                           Docket No.:   CR 22-323 PA




It is ordered that the defendant shall pay to the United States a special assessment of $200, which is due immediately.
Any unpaid balance 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.

It is ordered that the defendant shall pay restitution in the total amount of $6,643,540.00 pursuant to 18 U.S.C. § 3663A.

The amount of restitution ordered shall be paid as follows:

         Victim                                               Amount

         National Guaranty Purchase Center                    $1,120,065.00
         Office of Financial Program Operation

         U.S. Small Business Administration                   $600,000.00

         Office of Disaster Assistance                        $4,923,475.00
         Harvest Small Business Finance

The Court finds from a consideration of the record that the defendant's economic circumstances allow for restitution
payments pursuant to the following schedule: Restitution 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. If any
amount of the restitution remains unpaid after release from custody, monthly payments of at least 10% of defendant's
gross monthly income, but not less than $100, whichever is greater, shall be made during the period of supervised release.
These payments shall begin 90 days after the commencement of supervision.

Pursuant to 18 U.S.C. § 3612(f)(3)(A), interest on the restitution ordered is waived because the defendant does not have
the ability to pay interest. Payments may be subject to penalties for default and delinquency pursuant to 18 U.S.C. §
3612(g).

If the defendant makes a partial payment, each payee shall receive approximately proportional payment unless another
priority order or percentage payment is specified in the judgment.

The defendant shall comply with Second Amended General Order No. 20-04.

Pursuant to Guideline § 5E1.2(a), all fines are waived as the Court finds that the defendant has established that he is
unable to pay and is not likely to become able to pay any fine.

The Court recommends that the defendant be considered for participation in the Bureau of Prison’s Residential Drug
Abuse Program (RDAP).

The Court recommends that the defendant be incarcerated in the Federal Correctional Institution at Terminal Island.

Defendant advised of his right to appeal.




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 USA vs.      Muhammad Noor Ul Ain Atta                                          Docket No.:     CR 22-323 PA




      The defendant must also comply with the following special conditions (set forth below).

           STATUTORY PROVISIONS PERTAINING TO PAYMENT AND COLLECTION OF FINANCIAL SANCTIONS

           The defendant must pay interest on a fine or restitution of more than $2,500, unless the court waives interest or unless the fine or
 restitution is paid in full before the fifteenth (15th) day after the date of the judgment under 18 U.S.C. § 3612(f)(1). Payments may be subject
 to penalties for default and delinquency under 18 U.S.C. § 3612(g). Interest and penalties pertaining to restitution, however, are not applicable
 for offenses completed before April 24, 1996. Assessments, restitution, fines, penalties, and costs must be paid by certified check or money
 order made payable to “Clerk, U.S. District Court.” Each certified check or money order must include the case name and number. Payments
 must be delivered to:

           United States District Court, Central District of California
           Attn: Fiscal Department
           255 East Temple Street, Room 1178
           Los Angeles, CA 90012

 or such other address as the Court may in future direct.

          If all or any portion of a fine or restitution ordered remains unpaid after the termination of supervision, the defendant must pay the
 balance as directed by the United States Attorney’s Office. 18 U.S.C. § 3613.

          The defendant must notify the United States Attorney within thirty (30) days of any change in the defendant’s mailing address or
 residence address until all fines, restitution, costs, and special assessments are paid in full. 18 U.S.C. § 3612(b)(l)(F).

          The defendant must notify the Court (through the Probation Office) and the United States Attorney of any material change in the
 defendant’s economic circumstances that might affect the defendant’s ability to pay a fine or restitution, as required by 18 U.S.C. § 3664(k).
 The Court may also accept such notification from the government or the victim, and may, on its own motion or that of a party or the victim,
 adjust the manner of payment of a fine or restitution under 18 U.S.C. § 3664(k). See also 18 U.S.C. § 3572(d)(3) and for probation 18 U.S.C.
 § 3563(a)(7).

           Payments will be applied in the following order:

                      1. Special assessments under 18 U.S.C. § 3013;
                      2. Restitution, in this sequence (under 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United
                         States is paid):
                                Non-federal victims (individual and corporate),
                                Providers of compensation to non-federal victims,
                                The United States as victim;
                      3. Fine;
                      4. Community restitution, under 18 U.S.C. § 3663(c); and
                      5. Other penalties and costs.

            CONDITIONS OF PROBATION AND SUPERVISED RELEASE PERTAINING TO FINANCIAL SANCTIONS

          As directed by the Probation Officer, the defendant must provide to theProbation Officer: (1) a signed release authorizing credit
 report inquiries; (2) federal and state income tax returns or a signed release authorizing their disclosure and (3) an accurate financial statement,
 with supporting documentation as to all assets, income and expenses of the defendant. In addition, the defendant must not apply for any loan
 or open any line of credit without prior approval of the Probation Officer.

           When supervision begins, and at any time thereafter upon request of the Probation Officer, the defendant must produce to the
 Probation and Pretrial Services Office records of all bank or investments accounts to which the defendant has access, including any business
 or trust accounts. Thereafter, for the term of supervision, the defendant must notify and receive approval of the Probation Office in advance
 of opening a new account or modifying or closing an existing one, including adding or deleting signatories; changing the account number or
 name, address, or other identifying information affiliated with the account; or any other modification. If the Probation Office approves the
 new account, modification or closing, the defendant must give the Probation Officer all related account records within 10 days of opening,
 modifying or closing the account. The defendant must not direct or ask anyone else to open or maintain any account on the defendant’s
 behalf.

         The defendant must not transfer, sell, give away, or otherwise convey any asset with a fair market value in excess of $500 without
 approval of the Probation Officer until all financial obligations imposed by the Court have been satisfied in full.


CR-104 (docx 12/20)                               JUDGMENT & PROBATION/COMMITMENT ORDER                                                      Page 5 of 6
                 Case 2:22-cr-00323-PA Document 53 Filed 11/17/22 Page 6 of 6 Page ID #:391

 USA vs.      Muhammad Noor Ul Ain Atta                                         Docket No.:       CR 22-323 PA



                                  These conditions are in addition to any other conditions imposed by this judgment.




                                                                    RETURN

I have executed the within Judgment and Commitment as follows:
 Defendant delivered on                                                                      to
 Defendant noted on appeal on
 Defendant released on
 Mandate issued on
 Defendant’s appeal determined on
 Defendant delivered on                                                                    to
     at
     the institution designated by the Bureau of Prisons, with a certified copy of the within Judgment and Commitment.

                                                                     United States Marshal


                                                               By
            Date                                                     Deputy Marshal

                                                                   CERTIFICATE

 I hereby attest and certify this date that the foregoing document is a full, true and correct copy of the original on file in my office, and in my
 legal custody.
                                                                     Clerk, U.S. District Court


                                                               By
            Filed Date                                               Deputy Clerk



                                                  FOR U.S. PROBATION OFFICE USE ONLY

Upon a finding of violation of probation or supervised release, I understand that the court may (1) revoke supervision, (2) extend the term of
supervision, and/or (3) modify the conditions of supervision.


         These conditions have been read to me. I fully understand the conditions and have been provided a copy of them.



         (Signed)
                      Defendant                                                               Date




                      U. S. Probation Officer/Designated Witness                              Date



CR-104 (docx 12/20)                               JUDGMENT & PROBATION/COMMITMENT ORDER                                                     Page 6 of 6


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