United States v. Olan

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UNITED STATES OF AMERICA, v. ROBERT OLAN, Defendant.

No. 17 Cr. 357 (LAK)

United States District Court, S.D. New York

December 21, 2023

[PROPOSED] ORDER TO RETURN CRIMINAL FINE, SPECIAL ASSESSMENT RESTITUTION, AND FORFEITURE

LEWIS A. KAPLAN, UNITED STATES DISTRICT JUDGE

WHEREAS on September 14, 2018, the Court ordered Robert Olan to forfeit $98,244, which amount was subsequently paid by Mr Olan to the United States Marshals Service;

WHEREAS on September 21, 2018, the Court Ordered Mr. Olan to pay a $500 special assessment;

WHEREAS on September 21, 2018, the Court Ordered Mr. Olan to pay restitution to Centers for Medicare and Medicaid Services in the amount of $1,644.26;

WHEREAS on September 21, 2018, the Court Ordered Mr. Olan to pay a criminal monetary penalty of $1,250,000.00;

WHEREAS on October 19, 2018, a Satisfaction of Judgment was entered acknowledging Mr. Olan's payment of the special assessment, restitution, and crimina l monetary penalty totaling $1,252,144.26;

WHEREAS on December 30, 2019, the U.S. Court of Appeals for the Second Circuit affirmed the convictions of Mr. Olan. United States v. Blaszczak, 947 F.3d 30 (2d Cir. 2019);

WHEREAS on September 4, 2020, Mr. Olan filed a petition for a writ of certiorari:

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WHEREAS the Supreme Court vacated the U.S. Court of Appeals for the Second Circuit's judgment and remanded the case for further consideration in light of Kelly v. United States, 140 S.Ct. 1565 (2020);

WHEREAS on remand to the U.S. Court of Appeals for the Second Circuit, the Government conceded error with respect to Counts One, Two, Three, Nine and Ten in light of Kelly,

WHEREAS on December 27, 2022, the U.S. Court of Appeals for the Second Circuit issued a decision,...