Opinion
Case No.: 2:09-CR-000459-GEB
04-21-2016
UNITED STATES OF AMERICA, Plaintiff, v. KENNETH KENITZER, Defendant.
ORDER RE RESTITUTION
Pending before the Court is the Plaintiff and Defendant's stipulation proposing to treat some monies recovered by the Securities and Exchange Commission (SEC) in its civil prosecution of defendants Kenneth Kenitzer and Anthony Vassallo in the case denominated as SEC v. Anthony Vassallo, et al, Case No. 2:09-cv-00665-JAM-KJN as a parallel recovery of the unpaid criminal restitution orders entered against Kenitzer in this case and Vassallo in the case denominated as United States v. Vassallo, Case No. 2:09-cr-00179-GEB.
The Court, having reviewed the court files and the Parties' Stipulation re Restitution (the Stipulation), and good cause appearing therefrom, herby APPROVES the Stipulation. Accordingly, IT IS ORDERED that the:
1. Clerk of Court CREDIT defendant Kenitzer's restitution order in this case in the amount of $949,066.62 and as set forth in Appendix 3 of the Parties' Stipulation; and
2. Judgment in this case is AMENDED such that any future monetary recoveries made in the SEC's civil prosecution of defendant Kenneth Kenitzer in the case denominated as SEC v. Anthony Vassallo, et al, Case No. 2:09-cv-00665-JAM-KJN, shall be CREDITED to defendant Kenitzer's restitution order in this case.
IT IS SO ORDERED.
Dated: April 21, 2016
/s/_________
GARLAND E. BURRELL, JR.
Senior United States District Judge