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Total prison terms of 60 months on Count 2, 60 months on Count 3, 60 months on Count 4, 36 months on Count 5, 36 months on Count 6, 36 months on Count 7, 240 months on Count 8 and 360 months on Count 9. All terms to run concurrently.

Supervised release (probation) for terms of 5 years on Counts 2, 3, and 4; 1 year on Counts 5, 6, and 7; 3 years on Count 8; and 5 years on Count 9. All terms to run concurrently.

He has to give up DNA, undergo drugs testing (1 within 15 days of release, 2 more times within the remainder of his probation), drug counseling (which may include testing and inpatient or outpatient treatment, counseling, or a support group, at the probation officer's discretion), and psychological/psychiatric counseling. He also has to tell everyone that he lives with and works with that he might be searched if his probation officer has a reasonable suspicion that he's got something that he's not supposed to have.

Finally, there's an $800 penalty and $24,240,747 in forfeitures.

He did get a bone, though. The judge recommends that he be incarcerated in the penitentiary in Terre Haute, Indiana. That'd be the maximum security prison where death row is located. As rough as that might sound, it's at least close enough for his family to visit him. It's also not the Administrative Maximum Security, Florence unit where he would live life on permanent lock-down (as is apparently the case currently).

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United States District Court
District of Minnesota
UNITED STATES OF AMERICA

v.

Christopher William Smith

JUDGMENT IN A CRIMINAL CASE

Case Number: 05cr282(1) MJD/JJG
USM Number: 12310-041

Social Security Number: [REDACTED]

Date of Birth: 1980

Joseph Friedberg
Defendant’s Attorney

THE DEFENDANT:

[x] was found guilty on counts 1,2,3,4,5,6,7,8,9 of the Third Superceding Indictment after a plea of not guilty.

However, Count 1 of the Third Superceding Indictment was dismissed by the Government at the time of
sentencing.

The defendant is adjudicated guilty of these offenses:

. The sentence is imposed pursuant to the Sentencing Reform Act of 1984.

[x] Count 1 of Third superceding Indictment is dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this
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judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of any material change in economic circumstances.

August 1, 2007
Date of Imposition of Judgment

s / Michael J. Davis
Signature of Judge

MICHAEL J. DAVIS, United States District Judge
Name & Title of Judge

August 6, 2007
Date

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IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of 60 months on Count 2, 60 months on Count 3, 60 months on Count 4, 36 months on Count 5, 36 months on Count 6, 36 months on Count 7, 240 months on Count 8 and 360 months on Count 9. All terms to run concurrently.

[x] The court makes the following recommendations to the Bureau of Prisons:
That defendant be housed in the penitentiary at Terre Haute, Indiana

[x] The defendant is remanded to the custody of the United States Marshal.

RETURN
I have executed this judgment as follows:

Defendant delivered on to
a , with a certified copy of this judgment.
United States Marshal
By
Deputy United States Marshal

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SUPERVISED RELEASE

Upon release from imprisonment, the defendant shall be on supervised release for a term of 5 years on Counts 2, 3, and 4; 1 year on Counts 5, 6, and 7; 3 years on Count 8; and 5 years on Count 9, all such terms to run concurrently.

The defendant must report to the probation office in the district to which the defendant is released within 72 hours of release from the custody of the Bureau of Prisons.

The defendant shall not commit another federal, state or local crime.

The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.

[x] The defendant shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon.

[x] The defendant shall cooperate in the collection of DNA as directed by the probation officer.

If this Judgment imposes a fine or restitution, it is a condition of supervised release that the defendant pay in accordance with the Schedule of Payments sheet of this judgment.

The defendant must comply with the standard conditions that have been adopted by this court as well as any additional conditions on the attached page.

STANDARD CONDITIONS OF SUPERVISION

1) the defendant shall not leave the judicial district without permission of the court or probation officer;

2) the defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month;

3) the defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer;

4) the defendant shall support his or her dependants and meet other family responsibilities;

5) the defendant shall work regularly at a lawful occupation, unless excused by the probation officer for schooling, training, or other acceptable reasons;

6) the defendant shall notify the probation officer at least ten days prior to any change in residence or employment;

7) the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, use, distribute, or administer any controlled substance or any paraphernalia related to any controlled substances, except as prescribed by a physician;

8) the defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered;

9) the defendant shall not associate with any persons engaged in criminal activity and shall not associate with any person convicted of a felony, unless granted permission to do so by the probation officer;

10) the defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer;

11) the defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer;

12) the defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; and

13) as directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history or characteristics and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement.

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SPECIAL CONDITIONS OF SUPERVISION

a The defendant shall not commit any crimes, federal, state, or local.

b The defendant shall abide by the standard conditions of supervised release recommended by the Sentencing Commission.

c The defendant shall refrain from possessing a firearm, destructive device, or other dangerous weapon.

d The defendant shall cooperate in the collection of DNA as approved by the probation officer and mandated pursuant to 18 USC §§ 3563(a) and 3583(d).

e The defendant shall be required to undergo mandatory drug testing as set forth by 18 USC §§ 3563(a) and 3583(d).

f The defendant shall participate in a program for drug abuse as approved by the probation officer. That program may include testing and inpatient or outpatient treatment, counseling, or a support group. Further, the defendant shall contribute to the costs of such treatment as determined by the Probation Officer Co-Payment Program not to exceed the total cost of treatment.

g The defendant shall participate in a psychological/psychiatric counseling or treatment program, as approved by the probation officer. Further, the defendant shall contribute to the costs of such treatment as determined by the Probation Office Co-Payment Program not to exceed the total cost of treatment

h The defendant shall submit his person, residence, office, vehicle, or an area under the defendant's control to a search conducted by a Untied States Probation Officer or supervised designee, at a reasonable time and in a reasonable manner, based upon reasonable suspicion of contraband or evidence of a supervision violation. The defendant shall warn any other residents or third parties that the premises and areas under the defendant's control may be subject to searches pursuant to this condition.

i If not employed at a regular lawful occupation, as deemed appropriate by the probation officer the defendant may be required to preform up to 20 hours of community service per week until employed. The defendant may also participate in training, counseling, daily job search, or other employment -related activities, as directed by the probation officer.

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CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Fine Restitution
Totals: $800.00

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SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties are due as follows:

A [x] Lump sum payment of $800.00 special assessment to the Crime Victims Fund due immediately,
Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are to be made to the clerk of court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

[x] The defendant shall forfeit the defendant’s interest in the following property to the United States:

a. the sum of $24,240,747, representing the gross proceeds of the offenses of conviction. The defendant shall be given a credit against this money judgment for the net forfeited value of the assets forfeited in connection with United States v. One Mercedes Maybach et al., Civil No. 05-1516 (MJD/AJB). The defendant shall be given a further credit against this money judgment amount for the net forfeited value of each specific asset including, without limitation, the assets listed below, finally forfeited pursuant to this order, that is, the value of all currency actually collected and forfeited to the United States, and the value of the net proceeds from the sale of all other property finally forfeited to the United States;

b. $89,335.00 in U.S. Currency surrendered to the Internal Revenue Service, Criminal Investigation Division, on February 3, 2006;

c. $198,120.00 in U.S. Currency surrendered to the Internal Revenue Service, Criminal Investigation Division, on February 3, 2006;

d. $1,850.00 in U.S. Currency surrendered to the Internal Revenue Service, Criminal Investigation Division, on February 3, 2006;

e. $13,757.96 in net proceeds from the sale of a 2005 Mercedes Benz, C55AMG, VIN WDBRF76J95F612084;

f. $139,720.00 in U.S. Currency surrendered to the Internal Revenue Service, Criminal Investigation Division, on March 24, 2006;

g. $50,000.00 in U.S. Currency surrendered to the Internal Revenue Service, Criminal Investigation Division, on March 31, 2006;

h. the real property located at XXXX, Prior Lake, Minnesota, and legally described as XXXX, Scott County, Minnesota, together with its buildings, fixtures, improvements, and appurtenances;

i. a Rolex watch, serial number F159286, style R7917441RB7824, purchased on December 22, 2004 from Osterman Jewelers;

j. any and all remaining funds in U.S. Bank Account No. X-XXX-XXXX-XXXX, or other accounts held by the court appointed Receiver in connection with United States v. Christopher William Smith et al., Civil No. 05-895 (MJD/SRN);

k. funds up to the amount of $16,000 held by Braemer Mailings funded by Online Payment Solutions check number 7200 in the amount of $16,000; AO 245B (Rev. 06/05) Sheet 6 - Schedule of Payments

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l. funds in the amount of $922,166.97 withdrawn from various accounts at CommerceBank between May 11 and May 13, 2005, including Revenue Doctors Account No. XXXX, RxOrderFill.com Savings Account No. XXXX, and Bruce and Robin Lieberman Account No. XXXX; and

m. any and all remaining funds in accounts held by Bardo France, 16, Place Vendome, Paris, France, under Account Identification No. XXXX (Xpress Pharmacy Direct).

Attachment	Date	Size
Sentence.pdf	08/07/07 12:41 pm	73.6 KB