Judgment in a Criminal Case — United States v. Leonel Palatnik (S.D. Fla., Dkt. 68)

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A Judgment in a Criminal Case against Leonel Palatnik, Case 1:21-cr-20321-CMA, Document 68, entered on the docket 11/10/2021, in the U.S. District Court for the Southern District of Florida, Miami Division, before Chief United States District Judge Cecilia M. Altonaga. It records that the defendant pled guilty to Counts 1 and 9 of the Indictment, conspiracy to defraud the United States and pay and receive kickbacks, and payment of kickbacks in connection with a federal healthcare program, and that all remaining counts are dismissed on the motion of the United States. The imprisonment term is a total of 82 months, with supervised release of 3 years on each of those counts. The judgment orders a special assessment of $200.00 and restitution of $61,319,276.98, joint and several with Gustavo Geraldes.

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      Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 1 of 7

                                 UNITED STATES DISTRICT COURT
                                         SOUTHERN DISTRICT OF FLORIDA
                                               MIAMI DIVISION

 UNITED STATES OF AMERICA                                           §      JUDGMENT IN A CRIMINAL CASE
                                                                    §
 v.                                                                 §
                                                                    §      Case Number: 1:21-CR-20321-CMA(2)
 LEONEL PALATNIK                                                    §      USM Number: 48464-509
                                                                    §
                                                                    §      Counsel for Defendant: Brian H. Bieber
                                                                    §      Counsel for United States: Timothy J. Coley

The defendant pled guilty to Counts 1 and 9 of the Indictment.
The defendant is adjudicated guilty of the following offenses:
                                                                                              Offense Ended          Count
 Title & Section / Nature of Offense

 18:371/ Conspiracy To Defraud The United States and Pay and Receive                          March 2021             1
 Kickbacks
 1320a-7b(b)(2)(B) / Payment of Kickbacks in Connection with a Federal                        November 6, 2020       9
 Healthcare Program




All remaining Counts are dismissed on the motion of the United States

The defendant is sentenced as provided in the following pages of this judgment. The sentence is imposed pursuant to the
Sentencing Reform Act of 1984.

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 material changes in
economic circumstances.


                                                             November 9, 2021
                                                             Date of Imposition of Judgment




                                                             Signature of Judge

                                                             CECILIA M. ALTONAGA
                                                             CHIEF UNITED STATES DISTRICT JUDGE
                                                             Name and Title of Judge

                                                             November 9, 2021
                                                             Date
     Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 2 of 7
 AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case                                                           Judgment -- Page 2 of 7

DEFENDANT:                  LEONEL PALATNIK
CASE NUMBER:                1:21-CR-20321-CMA(2)

                                                     IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 82 months.
This term consists of 60 months as to Count 1 and 82 months as to Count 9, all such terms to run concurrently.

       The court makes the following recommendations to the Bureau of Prisons: The Court recommends that the defendant be
 ☒ designated to the camp in Miami.



 ☒ The defendant shall surrender to the United States Marshal for this district, or as directed by the U.S. Marshal, by 2:00 p.m. on
       February 28, 2022.

                                                            RETURN
I have executed this judgment as follows:


        Defendant delivered on                                   to


at                                     , with a certified copy of this judgment.




                                                                                        UNITED STATES MARSHAL

                                                                                                   By
                                                                                    DEPUTY UNITED STATES MARSHAL
      Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 3 of 7
 AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case                                                           Judgment -- Page 3 of 7

DEFENDANT:                 LEONEL PALATNIK
CASE NUMBER:               1:21-CR-20321-CMA(2)

                                                 SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years as to each of Counts 1 and 9, with
all such terms to run concurrently.



                                                MANDATORY CONDITIONS
 1.   You must not commit another federal, state or local crime.
 2.   You must not unlawfully possess a controlled substance.
 3.   You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release
      from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
           ☐ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future
                 substance abuse. (check if applicable)
 4.   ☐ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
           restitution. (check if applicable)
 5. ☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
 6. ☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.)
           as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which you
           reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
 7.   ☐ You must participate in an approved program for domestic violence. (check if applicable)

           You must comply with the standard conditions that have been adopted by this court as well as with any additional conditions
 on the attached page.
     Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 4 of 7
 AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case                                                              Judgment -- Page 4 of 7

DEFENDANT:                 LEONEL PALATNIK
CASE NUMBER:               1:21-CR-20321-CMA(2)

                               STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from
the court.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours
of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer
to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the Court excuses you from doing so. If
you do not have full-time employment you must try to find full-time employment, unless the Court excuses you from doing so. If you
plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the
probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to
unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that
was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person
and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. I understand additional information regarding these conditions is available at
www.flsp.uscourts.gov.

 Defendant’s Signature                                                                             Date
     Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 5 of 7
 AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case                                              Judgment -- Page 5 of 7

DEFENDANT:                LEONEL PALATNIK
CASE NUMBER:              1:21-CR-20321-CMA(2)

                                SPECIAL CONDITIONS OF SUPERVISION
Association Restriction: The defendant is prohibited from associating with victims of or witnesses named in the
Indictment; he may not have contact with any current or former Panda Conservation Group LLC owners,
employees, patients, medical providers, or lifeline recruiting employees while on probation/supervised release.

Employment Requirement: The defendant shall maintain full-time, legitimate employment and not be
unemployed for a term of more than 30 days unless excused for schooling, training or other acceptable reasons
by the Court. Further, the defendant shall provide documentation including, but not limited to pay stubs,
contractual agreements, W-2 Wage and Earnings Statements, and other documentation requested by the U.S.
Probation Officer.

Financial Disclosure Requirement: The defendant shall provide complete access to financial information,
including disclosure of all business and personal finances, to the U.S. Probation Officer.

Health Care Business Restriction: The defendant shall not own, directly or indirectly, or be employed, directly
or indirectly, in any health care business or service, which submits claims to any private or government insurance
company, without the Court's approval.

No New Debt Restriction: The defendant shall not apply for, solicit or incur any further debt, included but not
limited to loans, lines of credit or credit card charges, either as a principal or cosigner, as an individual or through
any corporate entity, without first obtaining permission from the United States Probation Officer.

Permissible Search: The defendant shall submit to a search of his/her person or property conducted in a
reasonable manner and at a reasonable time by the U.S. Probation Officer.

Self-Employment Restriction: The defendant shall obtain prior written approval from the Court before entering
into any self-employment.

Travel - Defendant is not permitted to travel outside of the Southern District of Florida unless restitution is paid
in full.

Unpaid Restitution, Fines, or Special Assessments: If the defendant has any unpaid amount of restitution, fines,
or special assessments, the defendant shall notify the probation officer of any material change in the defendant's
economic circumstances that might affect the defendant's ability to pay.
      Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 6 of 7
 AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case                                                                     Judgment -- Page 6 of 7

DEFENDANT:                   LEONEL PALATNIK
CASE NUMBER:                 1:21-CR-20321-CMA(2)

                                        CRIMINAL MONETARY PENALTIES
     The defendant must pay the total criminal monetary penalties under the schedule of payments page.
                    Assessment                 Restitution            Fine       AVAA Assessment*                         JVTA Assessment**
 TOTALS                  $200.00           $61,319,276.98             $.00


If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C. § 3664(i),
all nonfederal victims must be paid before the United States is paid.




 ☐ 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:

Restitution with Imprisonment –

It is further ordered that the defendant shall pay restitution in the amount of $61,319,276.98. During the period of incarceration, payment
shall be made as follows: (1) if the defendant earns wages in a Federal Prison Industries (UNICOR) job, then the defendant must pay
50% of wages earned toward the financial obligations imposed by this Judgment in a Criminal Case; (2) if the defendant does not work
in a UNICOR job, then the defendant must pay a minimum of $50.00 per quarter toward the financial obligations imposed in this order.

Upon release of incarceration, the defendant shall pay restitution at the rate of 15% of monthly gross earnings, until such time as the
court may alter that payment schedule in the interests of justice. The U.S. Bureau of Prisons, U.S. Probation Office and U.S. Attorney’s
Office shall monitor the payment of restitution and report to the court any material change in the defendant’s ability to pay. These
payments do not preclude the government from using other assets or income of the defendant to satisfy the restitution obligations.

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, 18 U.S.C. § 2259.
** Justice for Victims of Trafficking Act of 2015, 18 U.S.C. § 3014.
*** 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.
      Case 1:21-cr-20321-CMA Document 68 Entered on FLSD Docket 11/10/2021 Page 7 of 7
 AO 245B (Rev. FLSD 2/20) Judgment in a Criminal Case                                                                           Judgment -- Page 7 of 7

DEFENDANT:                    LEONEL PALATNIK
CASE NUMBER:                  1:21-CR-20321-CMA(2)

                                                   SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

 A      ☒ Lump sum payments of $200.00 due immediately.
             ,
It is ordered that the Defendant shall pay to the United States a special assessment of $200.00 for Counts 1 and 9 , which shall
be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court. Payment is to be addressed to:

                    U.S. CLERK’S OFFICE
                    ATTN: FINANCIAL SECTION
                    400 NORTH MIAMI AVENUE, ROOM 8N09
                    MIAMI, FLORIDA 33128-7716

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.


        Restitution in the amount of $61,319,276.98 is joint and several with the codefendant and indicted co-conspirator, Gustavo
        Geraldes, in docket number 21-03637-mj-Becerra.

        The defendant shall forfeit the defendant’s interest in the following property to the United States:

                  The defendant’s right, title and interest to the property identified in the preliminary order of forfeiture,
                  which has been entered by the Court and is incorporated by reference herein, are hereby forfeited.



Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment, (5) fine
principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of prosecution and court costs.


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