AO 245B (Rev. 6/05 - Judgment in a Criminal Case

Date of Original Judgment: May 4, 2010 

(Or Date of Last Amended Judgment)

Reason for Amendment:

[ ] Correction of Sentence on Remand (Fed.R.Crim.P.35(a))

[ ] Reduction of Sentence for Changed Circumstances

 (Fed. R.Crim.P.35(b))

[ ] Correction of Sentence by Sentencing Court (Fed.R.Crim.P.35©

[x] Correction of Sentence for Clerical Mistake (Fed.R.Crim.P.36)

[ ] Modification of Supervision Conditions (18 U.S.C § 3563© or 3583(e))

[ ] Modification of Imposed Term of Imprisonment for Extraordinary and

 Compelling Reasons (18 U.S.C. §3582(c)(1))

[ ] Modification of Imposed Term of Imprisonment for Retroactive

 Amendment(s) to the Sentencing Guidelines (18 U.S.C. § 3582(c)(2))

[ ] Direct Motion to District Court Pursuant to [ ] 28 U.S.C. § 2255,

 [ ] 18 U.S.C. § 3559(c)(7), or [ ] Modification of Restitution Order

United States District Court

Northern District of California

UNITED STATES OF AMERICA

v.

ALEXANDER JAMES TRABULSE

AMENDED JUDGMENT IN A CRIMINAL CASE

USDC Case Number: CR-09-00350-001 WHA

BOP Case Number: DCAN309CR000350-001 

USM Number: 12657-111 

Defendant’s Attorney: Loren Stewart (AFPD) 

THE DEFENDANT:

[x] pleaded guilty to count(s): ONE 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

18 U.S.C. § 1341 MAIL FRAUD ONE

The defendant is sentenced as provided in pages 2 through 7 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.

May 3, 2010

Date of Imposition of Judgment

Signature of Judicial Officer

Honorable William Alsup, U. S. District Judge

Name & Title of Judicial Officer

May 19, 2010

Date

Case 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 1 of 7
AO 245B (Rev. 12/03) (CAND Rev. 3/07) Judgment in a Criminal Case Sheet 2 - Imprisonment

DEFENDANT: ALEXANDER JAMES TRABULSE Judgment - Page 2 of 7 

CASE NUMBER: CR-09-00350-001 WHA

IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be

imprisoned for a total term of 97 months .

[x] The Court makes the following recommendations to the Bureau of Prisons:

Defendant participate in the Bureau of Prisons Residential Drug Abuse Treatment Program. Court further

recommends defendant is designated to a facility close to the Bay Area to help facilitate visits with his daughter

and son-in-law.

[ ] The defendant is remanded to the custody of the United States Marshal. The appearance bond is hereby

exonerated.

[ ] The defendant shall surrender to the United States Marshal for this district.

[ ] at [] am [] pm on .

[ ] as notified by the United States Marshal.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

[x] The defendant shall surrender for service of sentence at the institution designated by the Bureau of

Prisons:

[x] before 12:00 pm on August 3, 2010 .

[ ] as notified by the United States Marshal.

[ ] as notified by the Probation or Pretrial Services Office.

The appearance bond shall be deemed exonerated upon the surrender of the defendant.

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 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 2 of 7
AO 245B (Rev. 12/03) Judgment in a Criminal Case Sheet 3 - Supervised Release

DEFENDANT: ALEXANDER JAMES TRABULSE Judgment - Page 3 of 7 

CASE NUMBER: CR-09-00350-001 WHA

SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 years .

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the

custody of the Bureau of Prisons.

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 release from imprisonment 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 directed by the probation officer. (Check if applicable.)

[ ] The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or

is a student, as directed 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 supervised release 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 as with any additional

conditions in this judgment.

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 probation officer and follow the instructions of the probation officer;

4) The defendant shall support his or her dependants 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 ten days prior to any change in residence or employment;

7) The defendant shall refrain from excessive use of alcohol and shall 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 substances 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 seventy-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 notify 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 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 3 of 7
AO 245B (Rev. 12/03) Judgment in a Criminal Case Sheet 3 - Supervised Release

DEFENDANT: ALEXANDER JAMES TRABULSE Judgment - Page 4 of 7 

CASE NUMBER: CR-09-00350-001 WHA

SPECIAL CONDITIONS OF SUPERVISION

1) The defendant shall perform 200 hours of community service each year while on supervised release, working

in a soup kitchen for free.

2) The defendant shall give speeches to a total of 200 people as directed by probation. The speeches shall include

a description of the instant offense, his cooperation career, the term of imprisonment, and the special conditions of

supervision.

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 supervised release.

4) The defendant shall not open any new lines of credit and/or incur new debt without the prior permission of the

probation officer.

5) The defendant shall not maintain a position of fiduciary capacity without the prior permission of the probation

officer.

6) The defendant shall abstain from the use of all alcoholic beverages.

 

7) The defendant shall participate in a substance abuse program that includes testing and treatment, as directed

by the probation officer. The defendant is to pay for part or all of the cost of treatment, in an amount not to

exceed the total cost of urinalysis and counseling. The defendant shall adhere to a co-payment schedule as

determined by the probation officer.

8) The defendant shall participate in a mental health treatment program, and shall pay for part or all costs of the

cost of treatment, as directed by the probation officer. The defendant shall adhere to a co-payment schedule as

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 have no contact with the victims, unless otherwise directed by the probation officer. 

11) The defendant shall not own or possess any firearms, ammunition, destructive devices, or other dangerous

weapons and shall not be present in a vehicle where the defendant knows any firearm or ammunition is present.

12) Unless directed in writing otherwise, the defendant shall check his voice mail and/or answering machine on

a daily basis to determine if any instructions were left by the probation officer. The defendant shall follow all

such instructions, including but not limited to drug testing. 

13) The defendant shall cooperate in the collection of DNA as directed by the probation officer.

Case 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 4 of 7
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: ALEXANDER JAMES TRABULSE Judgment - Page 5 of 7 

 CASE NUMBER: CR-09-00350-001 WHA

 * 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: $ 100.00 $ 0 $ 8,599,877.77

[ ] The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C)

will be entered after such determination.

[ ] 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 payee shall receive an approximately proportional payment

unless specified otherwise in the priority order or percentage 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

 Totals: $ $ 

[ ] 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 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 5 of 7
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: ALEXANDER JAMES TRABULSE Judgment - Page 6 of 7 

 CASE NUMBER: CR-09-00350-001 WHA

 Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine 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 ability 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 [x] Payment to begin immediately (may be combined with ( ) C, ( ) D, or ( x) F below); or

C [ ] 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 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: 

It is further ordered that the defendant shall pay to the United States a special assessment of $100, which shall

be due immediately. While incarcerated, payment of criminal monetary penalties are due 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. Criminal monetary payments shall be made to the Clerk of U.S. District Court, 450 Golden

Gate Ave., Box 36060, San Francisco, CA 941002.

If is further ordered that the defendant shall pay restitution totaling $8,599,877.77, on a pro rata basis to the

persons listed and based on the amounts detailed on Exhibit A . (The amount of restitution due to each victim on

the attached exhibit must be reduced by 2.382037663%. Thus, the sum of victims’ restitution amounts should equal

$8,599,877.77, which is 2.382037663% less than the total on the list, $8,809.728.04.) Restitution shall be due

immediately. Pursuant to the civil judgment in SEC v. Alexander James Trabulse, C07-04975 WHA, defendant shall

receive credit against this restitution order for any money paid in that civil case, after May 3, 2010 and the amounts

due to victims under this judgment will be reduced by any such payments. While incarcerated, payment of

restitution is due 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. 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.

Payments shall be made at the minimum rate of $1,000 per month while on supervised release.

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

Case 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 6 of 7
AO 245B (Rev. 12/03) - Judgment in a Criminal Case - sheet 6 - Schedule of Payments

 DEFENDANT: ALEXANDER JAMES TRABULSE Judgment - Page 7 of 7 

 CASE NUMBER: CR-09-00350-001 WHA

 Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community

restitution, (7) penalties, and (8) costs, including cost of prosecution and court costs.

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.

[ ] Joint and Several

Defendant and codefendant Names Case Numbers

(including

defendant number)

Total Amount Joint and Several

Amount

Corresponding

Payee (if

appropriate)

[ ] The defendant shall pay the cost of prosecution.

[ ] The defendant shall pay the following court cost(s):

[ ] The defendant shall forfeit the defendant's interest in the following property to the United States:

Case 3:09-cr-00350-WHA Document 96 Filed 05/26/10 Page 7 of 7