United States v. Sarad

227 F. Supp. 3d 1153, 2016 WL 7324711, 2016 U.S. Dist. LEXIS 174517
CourtDistrict Court, E.D. California
DecidedDecember 16, 2016
DocketNo. 2:11-cr-00387-KJM
StatusPublished

This text of 227 F. Supp. 3d 1153 (United States v. Sarad) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Sarad, 227 F. Supp. 3d 1153, 2016 WL 7324711, 2016 U.S. Dist. LEXIS 174517 (E.D. Cal. 2016).

Opinion

ORDER

KIMBERLY MUELLER, UNITED STATES DISTRICT JUDGE

On August 6, 2014, Matthew A. Sarad pled guilty to securities fraud. Mins, from Plea Hr’g, ECF No. 61. Part of Sarad’s plea deal included an agreement to abide by court-ordered restitution between $6,5 and $7.5 million. Plea Agreement, ECF No. 63. On November 26, 2014, the government recommended a restitution award of $7,052,200.52. Presentence Investigation Report (PSR) 22-35, ECF No. 70. On August 26, 2015, Sarad was sentenced to prison. Mins, from Sentencing, ECF No. 100. The parties agreed to waive the requirement that restitution be awarded within ninety days of Sarad’s sentencing. Stipulation, ECF No. 109. On October 26, 2015, Sarad filed a pleading arguing for no restitution and claiming the government failed to prove Sarad actually caused the victims’ losses. Def.’s Restitution Br., ECF No. 104. The matter is now before the court on the question of whether the record supports the government’s proposed restitution award. For the reasons discussed below, the court finds for the government on the issue of restitution, and accordingly ORDERS restitution in the amount of $7,052,200.52. ■ ■

I. BACKGROUND

A. Relevant Facts Relating to Sarad’s Fraudulent Misrepresentations

The government charged Sarad with securities fraud for false statements he made in connection with sales of stock in Telo-molecular Corporation (“Telomolecular”). Superseding Information, ECF No. 58. Sarad and the government entered a plea agreement on August 6, 2014, in which Sarad pled guilty to committing fraudulent interstate transactions, in violation of 15 U.S.C. §§ 77q(a) and 77x. ECF No. 63. In his plea agreement, Sarad admitted the following facts.

Sarad was the founder and chief executive officer of Telomolecular. Id, Ex. A at 1.. Telomolecular held itself out as a biotechnology startup and claimed to have developed nanoparticle technology that could cure cancer and treat other age-related diseases. Id. Between November 2005 and July 2008, Sarad and Telomolecu-lar raised approximately $6.5 million from more than 300 investors across the United States. Id. This fundraising was accomplished mostly by the selling of stock not properly registered with the Securities and Exchange Commission. Id. Sarad also made several material misrepresentations about Telomolecular and its- research in connection with the sale of the unregistered stock. Id. For example, Sarad told investors the company would complete government trials and be available on the market within three years, and that the University of Nebraska was doing research for Telomolecular with “exciting” and “very encouraging results.” Id. Sarad said Telomolecular believed its products could cure cancer, and that the company had regenerated aged tissue samples that remained permanently “young.” Id. He .falsely reported Telomolecular employed a management team with years- of relevant experience, including a team of more than fifty scientists, and that Telomolecular’s work was generating interest within the industry and among financial institutions. Id. He also told investors Telomolecular would have an estimated market capitalization of $400 million. Id.

[1156]*1156In addition to Telomolecular, Sarad made misrepresentations relating to Sun Nanosystems, a company that he owned for a year in 2009. Id. at 2. Sun Nanosys-tems purported to be in the business of installing solar energy systems and falsely claimed to have developed nanoparticle technology that made solar panels fifty percent more efficient. Id. The company falsely represented to customers that it was experienced in installing these systems, that its customers were satisfied, and that it had installed these systems for large, organizational clients. Id. Under Sarad’s direction, Sun Nanosystems sold six systems and collected $300,000, but never installed any of them. Id.

B. Procedural History Relating to Restitution

As part of his plea deal, Sarad agreed to pay restitution to the victims of the above-mentioned fraudulent misrepresentations. See ECF 63 at 3. Specifically, Sarad agreed to the following:

The Mandatory Victim Restitution Act requires the Court to order restitution to the victims of certain offenses. Defendant agrees that his conduct is governed by the Mandatory Restitution Act pursuant to 18 U.S.C. § 3663A(c)(1)(A)(ii) and agrees to pay the full amount of restitution to all victims affected by this offense, including, but not limited to, the victims covered in the factual basis, victims covered in those counts to be dismissed as part of the plea agreement pursuant to 18 U.S.C. § 3663A(a)(3), and any other victims of the defendant’s conduct for the offenses charged from time periods of November 2005 through July 2008 and January 2009 through December 2009. The amount of restitution is estimated between $6.5 and $7.5 million ....

Id. at 3:2-13. On August 6, 2015, at his change-of-plea hearing, Sarad affirmed the agreement that he would pay restitution between $6.5 and $7.5 million. See Hr’g Tr. 6-8, ECF No. 96 (“Ms. Biekley: ... The defendant will pay restitution as ordered by the Court. It is presently estimated that the restitution will be between 6.5 million and 7.5 million dollars.... The Court: Mr. Sarad, does that in fact accurately summarize your agreement with the government as you understand it? The Defendant: It does.”). The government also included a recommended restitution of $7,052,200.52 in Sarad’s presentence report, ECF No. 70, and Sarad did not object to that amount. On August 26, 2015, the court sentenced Sarad to forty-eight months in prison and thirty-six months of supervised release. ECF No. 100; Judgment, ECF No. 101.

On October 26,2015, Sarad requested an order of no restitution, arguing the government failed to adequately prove the $7,052,200.52 figure in his presentence report. ECF No. 104. On October 27, 2015, the government opposed Sarad’s request. Gov’t Restitution Br., ECF No. 106. On November 3, 2015, the court held a restitution hearing and set a schedule for supplemental briefing regarding the issue of causation between Sarad’s misrepresentations and the actual estimate of the victims’ losses. ECF No. 107. Sarad filed his supplemental brief on November 10, 2015, ECF No. 110, and the government responded on November 17, 2015, ECF No. 113.

Sarad supports his request for an order of no restitution by characterizing the government’s evidence of the victims’ losses as a “generalized loss summary” in which the government “made no attempt to prove up the actual losses that were proximately caused by [his] conduct.” ECF No. 110. Sarad submits that the more sophisticated investors likely attributed no weight to his misrepresentations when they chose to invest, and therefore his misrepresentations did not cause their harm. Id. at 3. Sarad [1157]

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Cite This Page — Counsel Stack

Bluebook (online)
227 F. Supp. 3d 1153, 2016 WL 7324711, 2016 U.S. Dist. LEXIS 174517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-sarad-caed-2016.