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UNITED STATES v. SCHILLING

October 23, 1992

UNITED STATES OF AMERICA
v.
ROBERT SCHILLING, JR.


Huyett, 3rd


The opinion of the court was delivered by: DANIEL H. HUYETT, 3RD

FINDINGS OF FACT, DISCUSSION, CONCLUSIONS OF LAW, AND ORDER

HUYETT, J.

 I. Findings of Fact

 1. A grand jury of the United States District Court for the Eastern District of Pennsylvania delivered an eleven count indictment against Defendant Robert Schilling, Jr. charging him with aiding and abetting the receipt of money by a bank officer for procuring loans and aiding and abetting a misapplication of funds by a bank officer in violation of 18 U.S.C. §§ 2, 215, and 656.

 2. On May 21, 1984 Defendant pleaded guilty to five counts and the Court dismissed six counts. The Court sentenced Defendant to four years of incarceration and $ 25,000 in fines plus five years probation. Defendant reported to prison on May 31, 1984 and was released on February 6, 1987.

 3. Defendant's parole terminated on December 2, 1987 at which time his probation period commenced. Probation will expire on November 30, 1992.

 4. On February 10, 1992 Defendant sent the Court a letter in which he requested that the Court reduce his fine from $ 25,000 to $ 2,500. He claimed, in summary, an inability to pay the fine.

 5. This Court treated Defendant's letter as a pro se motion for remission of the criminal fine and requested the comments of the United States Attorney for the Eastern District of Pennsylvania and the United States Probation Office for the Eastern District of Pennsylvania.

 6. The Probation Office recommended that the Court reduce the fine to $ 2,500. The United States Attorney opposed the recommendation and Defendant's motion.

 7. On August 25, 1992 the Court held an evidentiary hearing on Defendant's pro se motion. Joshua Santana, Probation Officer, and Defendant testified. The Court admitted Government Exhibits 1 through 9 into evidence.

 8. Defendant is 57 years old and currently resides at 1917 Duffield Court, Allentown, Pennsylvania, 18103. Defendant is married and has three sons. Defendant is currently employed as a partner of Progressive Business Brokers located in Allentown, Pennsylvania. His wife, Catherine, is employed at P. Flemming Transworld Temporaries, located in Allentown, Pennsylvania, as an accounting coordinator. She also is employed by Bach & Company, located in Emmaus, Pennsylvania, as a sales representative. Defendant's oldest son, Robert, is 32 years old and is mentally retarded. He does not live in Defendant's household. Defendant's son John, age 21, is a sophomore at Arizona State University where he studies aerospace engineering. Defendant's youngest son, Matthew, is 16 years old. Defendant's mother, age 78, lives with Defendant and his wife. She suffers from osteoporosis.

 9. Mr. Santana testified that Defendant has made the following payments on his fine since being released from prison:

 1987

 7/13/87 $ 50

 8/10/87 50

 9/15/87 50

 10/7/87 75

 11/13/87 75

 12/9/87 75

 $ 375

 1988

 1/12/88 $ 75

 2/8/88 75

 3/8/88 75

 4/12/88 75

 5/19/88 100

 6/22/88 100

 7/12/88 100

 8/11/88 100

 9/14/88 100

 10/14/88 100

 11/7/88 100

 12/13/88 100

 $ 1,100

 1989

 1/18/89 $ 100

 5/15/89 ...


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