Case 1:14-cr-10221-WGY Document 172-1 Filed 02/19/16 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

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14cr10221-WGY
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United States vs. Michael Affa
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JUDGE'S FINDINGS

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BEFORE:

Honorable Judge William G. Young

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Richard H. Romanow
Official Court Reporter
United States District Court
1 Courthouse Way
Boston, Massachusetts 02210

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February 12, 2016
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THE COURT:

Mr. Michael Affa, in consideration of

the offenses of which you stand convicted, the

information from the United States Attorney, your

attorney, the probation officer, and yourself, this

Court sentences you to 33 months -- 2 years, 9 months,

on each of the counts of conviction, the sentence on

each count to run concurrent, one with the other.

Thereafter the Court sentences you to 3 years of

supervised release with all the general conditions of

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supervised release and the following special conditions.

Well, let me go on and finish and I'll come back
to the special conditions.
The Court imposes upon you a fine of $1 million.

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The Court imposes upon you a special assessment the

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$700, $100 on each of the counts of conviction.

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The special conditions are as follows.

You're

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prohibited from possessing a firearm, a destructive

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device, or other dangerous weapon.

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from engaging in an occupation, business, or profession

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that enables you to trade or promise over-the-counter

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stocks.

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to a court-ordered repayment schedule.

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prohibited from incurring new credit charges or opening

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additional lines of credit without the approval of the

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probation office.

You're prohibited

You're to pay the balance of any fine according

You're

You'll give the probation office

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access to requested financial information which may be

shared with the Financial Litigation Unit of the United

States Attorney's office.

program for substance abuse counseling as directed by

the probation office, which program may include testing

not to exceed 104 drug tests per year.

participate in a mental health treatment program as

directed by the probation office.

You're to participate in a

You're to

You shall not frequent an establishment whose

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primary purpose is gambling.

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in gambling activities, including casino gambling,

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on-line gambling, lotteries, instant scratch tickets,

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Keno, or any other activity similar in nature.

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You shall not participate

Let me explain this sentence to you.

I've read

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and I do -- with respect to every sentencing, I read

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everything that's submitted to me and I've read

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everything submitted in your case.

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in you, Mr. Affa, and your allocution brought that out

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because you are looking ahead and you should.

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get through this sentence and you can get on with your

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life.

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back in court as a defendant.

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sentence.

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There is much good

You can

No one prays more than I that you not ever be

Let me explain the

It is clear to this Court that there is a

pervasive sense in our society that our financial system

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is rigged, it is just unfair.

statutes that our Congress has passed ever since the

great depression, it is still perceived that the system

simply is not fair.

You're a poster child for that

rigging the system.

You went into defrauding people in

a big way.

knew exactly how it is done.

that sends a clear message but is not beyond what's

necessary given the purposes of sentencing in your case.

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Despite the extensive

You knew exactly what you were doing.

You

There has to be a sentence

This is such a fair and just sentence.

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You have the -- I do make the recommendation -- I

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make the recommendation that the Bureau of Prisons

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admits you to the 500-hour drug treatment program.

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recommend that you be confined at the Lewisburg camp.

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And we'll see about self-reporting in a moment.

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I do

You have the right to appeal from any findings or

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rulings the Court has made against you.

Should you

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appeal and should your appeal be successful, in whole or

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in part, and the case remanded, you'll be resentenced

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before another judge.

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decided upon and you want transcript, seek it from this

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session of the court because I'll turn it around right

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away.

Mr. Goldstein, if an appeal is

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Do you understand?

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MR. GOLDSTEIN:

I do, your Honor.

One point of

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clarification which I don't know if it applies to fines,

but if it does, would the Court be willing to suspend

any interest on the fine during the period of

incarceration?

THE COURT:

Now, self-reporting?

MR. THOMADAKIS:

THE COURT:

I would not.

No objection, your Honor.

No objection to self-reporting.

Then

the same conditions of release will obtain and he will

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self-report to the place of confinement on Friday the

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25th of March, 2016.

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We'll recess.

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That's the sentence of the court.

(Ends, 3:50 p.m.)