UNITED STATES DISTRICT COURT

DISTRICT OF COLORADO

UNITED STATES OF AMERICA JUDGMENT IN A CRIMINAL CASE

(For Revocation of Probation or Supervised Release)

v. Case Number: 02-cr-00537-EWN-01

FRANK O'BRYAN

a/k/a Francis Leo O'Bryan

USM Number: 23657-013

Adam Tucker, Retained

 (Defendant's Attorney)

THE DEFENDANT: Was found guilty of violations 1, 2, 3, 4, 5 and 6 after denial of guilt.

The defendant is adjudicated guilty of these violations:

Violation Number Nature of Violation

Violation

Ended

1 Providing False/Falsified Information to the Probation Officer 11/30/04

2 Failure to Notify Probation Officer of Change in Employment 10/04/04

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.

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.

It is further ordered that the Addendum to this judgment, which contains the defendant’s social

security number, residence address and mailing address, shall be withheld from the court file and

retained by the United States Probation Department.

January 26, 2006

Date of Imposition of Judgment

 s/ Edward W. Nottingham

Signature of Judge

Edward W. Nottingham, U.S. District Judge

Name & Title of Judge

 February 6, 2006

Date

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DEFENDANT: FRANK O'BRYAN

CASE NUMBER: 02-cr-00537-EWN-01 Judgment-Page 2 of 7

ADDITIONAL VIOLATIONS

Violation Number Nature of Violation

Violation

Ended

3 Failure to Pay Restitution as Directed 03/2005

4 Falsifying Written Reports 11/03/04

5 Making False Statement to the Probation Officer 03/28/05

6 Failure to Notify Probation Officer of Change in Employment 03/11/05

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DEFENDANT: FRANK O'BRYAN

CASE NUMBER: 02-cr-00537-EWN-01 Judgment-Page 3 of 7

IMPRISONMENT

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

be imprisoned for a total term of 13 months, concurrent with U.S. District Court Case No. 02-cr-00535-

EWN-01.

The defendant is remanded to the custody of the United States Marshal.

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

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DEFENDANT: FRANK O'BRYAN

CASE NUMBER: 02-cr-00537-EWN-01 Judgment-Page 4 of 7

SUPERVISED RELEASE

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

23 months, concurrent with U.S. District Court Case No. 02-cr-00535-EWN-01.

The defendant must report to the probation office in the district to which he is released within

72 hours of his 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 defendant shall not possess a firearm as defined in 18 U.S.C. § 921.

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

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 shall observe thirteen of the fourteen "standard" conditions that have been

adopted by this court (set forth below). The defendant shall also comply with the additional conditions

on the following page.

STANDARD CONDITIONS OF SUPERVISION

1) The defendant shall not leave the judicial district without the permission of the court or

probation officer.

2) The defendant shall report to the probation officer as directed by the court or 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 dependents 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 substance, except as prescribed by a physician.

8) The defendant shall not frequent places where controlled substances are illegally sold, used,

distributed, or administered.

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DEFENDANT: FRANK O'BRYAN

CASE NUMBER: 02-cr-00537-EWN-01 Judgment-Page 5 of 7

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 at any time at home or elsewhere

and shall permit confiscation of any contraband observed in plain view by 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.

13) The defendant shall provide the probation officer with access to any requested financial

information.

ADDITIONAL CONDITIONS OF SUPERVISION

1) The defendant shall participate in a program of testing and treatment for alcohol abuse, as

directed by the probation officer, until he is released from the program by the probation officer.

The defendant shall abstain from the use of alcohol or other intoxicants during the course of

treatment and shall pay the cost of treatment as directed by the probation officer.

2) The defendant shall not incur new credit charges or open additional lines of credit without the

approval of the probation officer, unless he is in compliance with the periodic payment

obligations imposed pursuant to the court's judgment and sentence.

3) The defendant shall not engage in any employment or income generating activity in the

insurance or investment industry; the defendant shall not apply for or broker or be a signatory

on any loans, business or personal, without prior approval from the United States Probation

Officer.

4) The defendant shall not be self-employed or be engaged in any work as an independent

contractor.

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DEFENDANT: FRANK O'BRYAN

CASE NUMBER: 02-cr-00537-EWN-01 Judgment-Page 6 of 7

* Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title

18, United States Code, for offenses committed on or after September 13, 1994 but before April 23, 1996.

MONETARY OBLIGATIONS

The defendant must pay total monetary obligations under the schedule of payments set forth

below.

Count Assessment Fine Restitution

2 $0.00 $0.00 $4,259,913.31

TOTALS $0.00 $0.00 $4,259,913.31

The defendant must 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 proportioned 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

CIIT c/o Equibank $3,139,913.31 $3,139,913.31

Diversified Benefits $1,120,000.00 $1,120,000.00

TOTALS $4,259,913.31 $4,259,913.31

The defendant must pay interest on any restitution or 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 set forth below may be subject to penalties for

delinquency and default pursuant to 18 U.S.C. § 3612(g).

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DEFENDANT: FRANK O'BRYAN

CASE NUMBER: 02-cr-00537-EWN-01 Judgment-Page 7 of 7

SCHEDULE OF PAYMENTS

Having assessed the defendant's ability to pay, payment of the total monetary obligations is

due as follows:

The balance of the outstanding restitution is $4,251,583.31 and shall be paid in installments

which the probation officer shall establish and may periodically modify, as approved by the

court, provided that the entire financial penalty is paid no later than 5 years after release from

incarceration.

All monetary obligation payments, except those payments made through the Federal Bureau

of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court, unless

otherwise directed by the court, the probation officer, or the United States Attorney.

The defendant shall receive credit for all payments previously made toward any monetary

obligations imposed.

Payments shall be applied in the following order: (1) special assessment, (2) restitution

principal, (3) restitution interest, (4) penalties.

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