Opinion
01 Cr. 312 (WK)
July 23, 2002
Marcus Asner, AUSA, United States Attorney's Office, New York, NY, for the government.
Stephen Guarneri, Esq., New York, NY, for defendant.
ORDER
Having ordered defendant KIM SCHMIDT to pay restitution in the amount of $1,168,000, the first $584,000 directly to Apple Computer, Inc., and the final $584,000 directly to MicroAge, Inc., or its successors, and after considering defendant's financial situation, both as explained in her Presentence Invenstigation Report and by her attorney, it is hereby ordered that defendant pay such restitution in accordance with the following schedule:
The restitution shall be paid in monthly installments of 10 percent of her gross monthly income over a period of supervision to commence 30 days after her release from custody. The defendant shall notify the United States Attorney for this district within 30 days of any change of mailing or residence address that occurs while any portion of the restitution remains unpaid.
If the defendant engages in a BOP non-UNICOR work program, the defendant shall pay $25 per quarter toward the above outlined restitution. However, if the defendant participates in the BOP's UNICOR program as a grade 1 through 4, she shall pay monthly UNICOR earnings toward restitution, consistent with BOP regulations pursuant to 28 C.F.R. § 545.11.
Defendant shall pay the ordered restitution, except that no further payment shall be required after the sum of the amounts actually paid by all defendants with whom she is joint and severally liable has been fully covered all of the compensable injuries.
SO ORDERED.