Opinion
1:21-CR-00188-DAD-BAM
08-18-2021
UNITED STATES OF AMERICA, Plaintiff, v. RALPH HACKETT, Defendant.
PHILLIP A. TALBERT Acting United States Attorney JOSEPH BARTON Assistant United States Attorney. WILLIAM C. HAHESY Attorney for Defendant.
PHILLIP A. TALBERT Acting United States Attorney JOSEPH BARTON Assistant United States Attorney.
WILLIAM C. HAHESY Attorney for Defendant.
JOINT MOTION FOR THE DEPOSIT OF FUNDS INTO THE COURT'S DEPOSIT FUND; AND ORDER THEREON
Plaintiff, United States of America, and Defendant, Ralph Hackett, through their authorized representatives (“Movants”), hereby move for an order authorizing Defendant to pay into the court's deposit fund pending the outcome of this criminal prosecution. This Motion is based on the grounds:
1. On July 20, 2021, an Information charging Defendant with one count of aiding and abetting mail fraud in violation of 18 U.S.C. 1341 and 2, and a Plea Agreementwere entered. ECF Nos. 1, 3.
2. In his Plea Agreement, Defendant agreed to plead guilty to the Information and to pay restitution of $656, 834.00 and a special assessment of $100.00 via voluntary payment to the Clerk of the Court prior to his sentencing.
3. On August 9, 2021, Defendant entered a guilty plea to the Information and a Waiver of Indictment was entered. Defendant's sentencing is scheduled for February 22, 2022. ECF Nos. 6-7.
The Movants therefore agree:
1. Prior to sentencing, Defendant shall make a $656, 934.00 payment in satisfaction of the restitution and special assessment (“Deposit”) to the Clerk of the Court as specified in the accompanying order. The Deposit shall remain in the Court's deposit fund pending Defendant's sentencing in this case, or upon further order of the Court.
2. The Deposit shall, upon sentencing, be applied towards the restitution and special assessment in the order stated in the Schedule of Payments section of the Judgment in a Criminal Case.
ORDER
The Court, having reviewed the court files and the Movants' Joint Motion for Deposit of Funds into the Court's Deposit Fund, and good cause appearing therefrom, hereby GRANTS the Motion. Accordingly, IT IS ORDERED that:
1. Prior to sentencing, Defendant Ralph Hackett shall deliver $656, 934.00 via cashier's or certified check to the Clerk of Court representing payment of the special assessment and restitution.
2. Defendant shall make the check payable to the “Clerk of Court” and, in the note section of the check, state the case name and number (US v. Hackett, Case No. 1:21-cr-00188-DAD-BAM). Defendant shall mail or deliver the payment to the Clerk of the Court, U.S. District Court, 501 I Street, Suite 4-200, Sacramento, California 95714.
3. Upon receipt, the Clerk shall promptly DEPOSIT Defendant's payment into the Court's deposit fund.
4. Once the imposed judgment is entered and docketed, the Deposit shall then be transferred to the Defendant's criminal case.
5. Unless the Court orders otherwise, the Deposit shall, upon transferring the Deposit, be applied towards the special assessment and restitution in the order stated in the Schedule of Payments section of the Judgment in a Criminal Case.
IT IS SO ORDERED.