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Sentencing Judgment — United States v. Muhammad Noor Ul Ain Atta, Central District of California (Document 50)

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The sentencing judgment and probation/commitment order in United States v. Muhammad Noor Ul Ain Atta, Docket No. CR 22-323 PA, in the U.S. District Court for the Central District of California, filed November 15, 2022 as Document 50. On a guilty plea, the court records convictions for wire fraud under 18 U.S.C. § 1343 and laundering of monetary instruments under 18 U.S.C. § 1956(a)(1)(B)(I), 2(b). It commits Atta to the Bureau of Prisons for 102 months, consisting of 78 months on Count 1 and 24 months on Count 2 served consecutively, followed by three years of supervised release. The order imposes a $200 special assessment and restitution of $6,643,540.00 under 18 U.S.C. § 3663A, with payees that include the U.S. Small Business Administration and Harvest Small Business Finance. Supervision conditions bar work in loan programs without the Probation Officer's approval.

Summary drafted by a model from the text of the original file linked on this page and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Sentencing Judgment — United States v. Muhammad Noor Ul Ain Atta, Central District of California (Document 50).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-2-22-cr-00323-dkt-50-c-d-cal-49c03a4780/, SHA-256 61a48720fea0080083cd93ae32e99716b23bbc5eaec9eadd3e891f0df9f9302f.

Full text

                 Case 2:22-cr-00323-PA Document 50 Filed 11/15/22 Page 1 of 6 Page ID #:376
                                                         United States District Court
                                                         Central District of California


 UNITED STATES OF AMERICA vs.                                                Docket No.             CR 22-323 PA

 Defendant            Muhammad Noor Ul Ain Atta                              Social Security No. 4          6     7     9

 akas:    Muhammad Atta                                                      (Last 4 digits)

                                  SENTENCING JUDGMENT AND PROBATION/COMMITMENT ORDER


                                                                                                                      MONTH   DAY   YEAR
            In the presence of the attorney for the government, the defendant appeared in person on this date.         Nov     14   2022


 COUNSEL                                                               H. Dean Steward, Retained
                                                                             (Name of Counsel)

    PLEA              X GUILTY, and the court being satisfied that there is a factual basis for the plea.          NOLO              NOT
                                                                                                                CONTENDERE          GUILTY
                      There being a finding/verdict of GUILTY, defendant has been convicted as charged of the offense(s) of:
  FINDING             Wire Fraud in violation of 18 U.S.C. § 1343 as charged in Count 1; and Laundering of Monetary Instruments in
                      violation of 18 U.S.C. § 1956(a)(1)(B)(I), 2(b) as charged in Count 2 of the 2-Count Indictment.

JUDGMENT              The Court asked whether there was any reason why judgment should not be pronounced. Because no sufficient cause to the
AND PROB/             contrary was shown, or appeared to the Court, the Court adjudged the defendant guilty as charged and convicted and ordered
  COMM                that: Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Muhammad Noor Ul
  ORDER               Ain Atta, is hereby committed to the custody of the Bureau of Prisons to be imprisoned for a term of 102 months. This term
                      consists of 78 months on Count 1 and 24 months on Count 2 of the Indictment, to be served consecutively.


Upon release from imprisonment, the defendant shall be placed on supervised release for a term of three years. This term
consists of three years on both Counts 1 and 2 of the Information, all such terms to run concurrently under the following
terms and conditions:

         1. The defendant shall comply with the rules and regulations of the United States Probation & Pretrial Services
            Office and Second Amended General Order 20-04, including the conditions of probation and supervised
            release set forth in Section III of Second Amended General Order 20-04.

         2. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to
            one drug test within 15 days of release from custody and at least two periodic drug tests thereafter, not to
            exceed eight tests per month, as directed by the Probation Officer.

         3. The defendant shall participate in an outpatient substance abuse treatment and counseling program that
            includes urinalysis, breath or sweat patch testing, as directed by the Probation Officer. The defendant shall
            abstain from using alcohol and illicit drugs, and from abusing prescription medications during the period of
            supervision.

         4. During the course of supervision, the Probation Officer, with the agreement of the defendant and defense
            counsel, may place the defendant in a residential drug treatment program approved by the U.S. Probation and
            Pretrial Services Office for treatment of narcotic addiction or drug dependency, which may include counseling


CR-104 (docx 12/20)                                JUDGMENT & PROBATION/COMMITMENT ORDER                                               Page 1 of 6
                 Case 2:22-cr-00323-PA Document 50 Filed 11/15/22 Page 2 of 6 Page ID #:377

 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.
CR-104 (docx 12/20)                       JUDGMENT & PROBATION/COMMITMENT ORDER                                      Page 2 of 6
                 Case 2:22-cr-00323-PA Document 50 Filed 11/15/22 Page 3 of 6 Page ID #:378

 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.

Pursuant to the Sentencing Reform Act of 1984, it is the judgment of the Court that the defendant, Muhammad N. Atta,
is hereby committed on Counts 1 and 2 of the Information to the custody of the Bureau of Prisons for a term of 72 months.

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.

CR-104 (docx 12/20)                       JUDGMENT & PROBATION/COMMITMENT ORDER                                   Page 3 of 6
                 Case 2:22-cr-00323-PA Document 50 Filed 11/15/22 Page 4 of 6 Page ID #:379

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



 In addition to the special conditions of supervision imposed above, it is hereby ordered that the Standard Conditions of Probation and
 Supervised Release within this judgment be imposed. The Court may change the conditions of supervision, reduce or extend the period of
 supervision, and at any time during the supervision period or within the maximum period permitted by law, may issue a warrant and revoke
 supervision for a violation occurring during the supervision period.




            November 15, 2022
            Date                                                           U. S. District Judge

 It is ordered that the Clerk deliver a copy of this Judgment and Probation/Commitment Order to the U.S. Marshal or other qualified officer.


                                                                           Clerk, U.S. District Court




             November 15, 2022                                      By      /s/ Patricia Kim
            Filed Date                                                     Deputy Clerk



 The defendant must comply with the standard conditions that have been adopted by this court (set forth below).

                                STANDARD CONDITIONS OF PROBATION AND SUPERVISED RELEASE

                                 While the defendant is on probation or supervised release pursuant to this judgment:
 1.    The defendant must not commit another federal, state, or local crime;        9.     The defendant must not knowingly associate with any persons
 2.    The defendant must report to the probation office in the federal                    engaged in criminal activity and must not knowingly associate with
       judicial district of residence within 72 hours of imposition of a                   any person convicted of a felony unless granted permission to do so
       sentence of probation or release from imprisonment, unless                          by the probation officer. This condition will not apply to intimate
       otherwise directed by the probation officer;                                        family members, unless the court has completed an individualized
 3.    The defendant must report to the probation office as instructed by the              review and has determined that the restriction is necessary for
       court or probation officer;                                                         protection of the community or rehabilitation;
 4.    The defendant must not knowingly leave the judicial district without         10.    The defendant must refrain from excessive use of alcohol and must
       first receiving the permission of the court or probation officer;                   not purchase, possess, use, distribute, or administer any narcotic or
 5.    The defendant must answer truthfully the inquiries of the probation                 other controlled substance, or any paraphernalia related to such
       officer, unless legitimately asserting his or her Fifth Amendment                   substances, except as prescribed by a physician;
       right against self-incrimination as to new criminal conduct;                 11.    The defendant must notify the probation officer within 72 hours of
 6.    The defendant must reside at a location approved by the probation                   being arrested or questioned by a law enforcement officer;
       officer and must notify the probation officer at least 10 days before        12.    For felony cases, the defendant must not possess a firearm,
       any anticipated change or within 72 hours of an unanticipated change                ammunition, destructive device, or any other dangerous weapon;
       in residence or persons living in defendant’s residence;                     13.    The defendant must not act or enter into any agreement with a law
 7.    The defendant must permit the probation officer to contact him or her               enforcement agency to act as an informant or source without the
       at any time at home or elsewhere and must permit confiscation of                    permission of the court;
       any contraband prohibited by law or the terms of supervision and             14.    The defendant must follow the instructions of the probation officer
       observed in plain view by the probation officer;                                    to implement the orders of the court, afford adequate deterrence from
 8.    The defendant must work at a lawful occupation unless excused by                    criminal conduct, protect the public from further crimes of the
       the probation officer for schooling, training, or other acceptable                  defendant; and provide the defendant with needed educational or
       reasons and must notify the probation officer at least ten days before              vocational training, medical care, or other correctional treatment in
       any change in employment or within 72 hours of an unanticipated                     the most effective manner.
       change;




CR-104 (docx 12/20)                                  JUDGMENT & PROBATION/COMMITMENT ORDER                                                             Page 4 of 6
                 Case 2:22-cr-00323-PA Document 50 Filed 11/15/22 Page 5 of 6 Page ID #:380

 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 50 Filed 11/15/22 Page 6 of 6 Page ID #:381

 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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