Sentencing Submission by Herode Chancy as to Herode Chancy, Michael Albarella — USA v. Chancy et al. (Dkt. 71, S.D.N.Y.)

Record facts

U.S. District Court for the Southern District of New York · No. 1:20-cr-00378-LJL · Doc. 71 · 2021-07-07 · Docket on CourtListener

Full text

July 7, 2021 
 
BY ECF 
 
Honorable Lewis J. Liman 
United States District Judge 
Southern District of New York 
500 Pearl Street 
New York, NY 10007 
 
Re: 
United States v. Herode Chancy, 
 
20 Cr. 378 (LJL)  
 
Dear Judge Liman: 
Having left his parents’ home at an early age in the wake of a trauma, 
Herode Chancy overcame adversity, mended bridges with his parents, started a 
loving family of his own, and built an unlikely career in banking.  Because of this 
offense—a fraud sting orchestrated from start to finish by a convicted murderer 
turned informant for hire—Mr. Chancy has lost almost everything: his career, his 
good name, even his relationship with his parents.  He retains his work ethic and 
his bonds with his beloved daughters.  The Court need not and therefore should not 
take Mr. Chancy’s emotional and financial support away from his daughters.  The 
lifelong burden of a felony conviction plus supervision with a period of home 
confinement and community service is sufficient to meet the purposes of sentencing 
in this case. 
BACKGROUND 
Mr. Chancy’s Personal History and Characteristics 
“Herode’s character does not reflect this act.  He is kind-hearted, 
compassionate, caring, protective and a loving family man who will go above and 
beyond for anyone he cares about.”  Ex. A at 2 (Letter of Nicole Chancy née Allen).  
“He’s one of the guys where if you found yourself in a jam he should be your first 
call.  If I get stuck somewhere he is there in a heartbeat, even if it’s a major 
inconvenience. . . . Heaven forbid if something ever happened to me he would be the 
one I trust to take care of my family.”  Ex B. at 1 (Letter of Pierre Millien). 
Now 41 years old, Mr. Chancy was born in 1980 into a working-class Haitian 
immigrant family in Harlem.  “Living in Harlem back in the 80s wasn’t what people 
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 2 of 10 
 
see today. . . . Our parents kept us cooped up in the apartment because it was so 
dangerous.”  Ex. B at 1.  His parents were both maintenance workers at NYU 
medical center.  They were traditionalists: strict, Pentecostal, and austere.  They 
were ill equipped to understand what their teenage son was experiencing on the 
street. 
Herode never got into trouble as a teenager—this is his first offense—but 
trouble found him.  He was riding his bike through Central Park with his best 
friend, Davidchen Joseph, and Davidchen’s fraternal twin brother.  Herode and the 
twin (Davidson Joseph) were riding ahead of Davidchen when a gang of young men 
stopped Davidchen.  One of the men put a gun to Davidchen’s head and pulled the 
trigger, killing him instantly.  Herode witnessed the whole thing.  Then the man 
turned the gun on Herode and Davidson and told them to run.  They did.  Herode 
learned later that it had been a gang initiation—a senseless act of random violence.  
It could have been any one of them who was killed. 
Herode was traumatized by this experience, and his parents did not provide 
the support—and the counseling—that he needed.  “His parents didn’t know what 
he needed or how to help him process what happened.  The only thing they knew to 
do was to enforce extremely strict rules.  It wasn’t the best situation for a teenager.”  
Ex. B at 1.  Herode’s parents reacted in anger when he got his first tattoo (theater 
masks with a red tear) as a memorial to his friend.  Traumatized and 
retraumatized, Herode dropped out of school—where he had been in 12th grade and 
an “A” student—and moved out of his parents’ home at age 17. 
Out on his own, Herode supported himself honestly through hard work.  He 
remained close with his siblings and cousins and worked in coffee shops, first at 
Timothy’s World Coffee then at Starbucks.  On the advice of his older brother 
Edwin, he finished his high school education by going to classes at night after work. 
When Herode had finished high school and was working full time at 
Starbucks, a Citibank representative named Edmond Lee came to the coffee shop as 
part of a “bank at work” outreach program to open personal accounts for the 
employees.  He asked Herode what his long-term plans were, and Herode told him 
that he would like to continue his education.  Mr. Lee saw potential in Herode and 
explained to him that if he worked as a teller for Citibank, he’d be eligible for 
tuition reimbursement.  With Mr. Lee’s help, Herode became a full-time teller and 
obtained his associate’s degree at night through BMCC. 
Mr. Chancy excelled at bank work.  From his humble start as a trainee teller, 
he rose to become head teller at his branch.  Over the next 20 years, he built a 
career in banking, moving from Citibank to North Fork, where he entered business 
banking; then to JP Morgan Chase, where he was a business relationship manager; 
then to Santander, where he became a branch manager; and finally to HSBC, where 
before his arrest he was the business relationship manager.   
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 5 of 10 
 
violent crime for financial gain.  Among his violent racketeering crimes, Gozman 
participated in the 1995 kidnapping and murder of Sergei Kobozev, which was the 
subject of a federal prosecution in this Court.  See United States v. Natan Gozman, 
00 Cr. 314 (AKH).  Kobozev, a boxer, had been working as a restaurant security 
guard and had therefore played a small role in offending a member of the Brigade 
who had become drunk and pugnacious at the restaurant where Kobozev worked.  
Gozman and his associates later approached Kobozev, shot him, forced him into a 
car, and drove him to New Jersey to dispose of his body.  But Kobozev was still alive 
during the drive; he told Gozman that he had children and he asked to be taken to a 
hospital.  Gozman and his associates lied to Kobozev and told him that they would 
take him to the hospital, but instead they brought him to their associate’s house, 
finished killing him, and buried him in a shallow grave. 
Gozman ultimately cooperated with the government and received a 10-year 
federal sentence; he was released in December 2013.  The government has refused 
to produce his cooperation agreement and 5K letter unless he is called to testify.  
The government did produce his recorded criminal history, but that appears to be 
omit, e.g., a second murder that Gozman admitted in testimony to a state court. 
The Complaint in this case discloses that Gozman became a paid informant 
for the FBI in February 2019.  The government has not disclosed the details of how 
that liaison came about, but a public-records search suggests that Gozman needed 
money at that time.  Lawsuits filed by Discover Bank and CKS Prime Investments 
in late 2019 and early 2020 allege that Gozman had defaulted on more than $70,000 
in loans. 
That is not the image that Gozman presented to Mr. Chancy.  Gozman 
presented himself as a successful and sophisticated businessman.  Gozman knew 
that Mr. Chancy needed money and so around the same time he signed up as a FBI 
informant he offered Mr. Chancy an easy way to get it.  Gozman said he could help 
Mr. Chancy obtain loans that he wouldn’t need to pay back, explaining that it was 
easy because he worked with an underwriter who had helped him do it before.   
Mr. Chancy deeply regrets that he willingly engaged in this fraud.  He has 
accepted full responsibility and waived an entrapment defense.  But the scheme 
never could have happened without Gozman, who coached Mr. Chancy at length on 
how to make the fraudulent applications.  He told Mr. Chancy exactly what to do 
and how to do it.  Together with the undercover agent, Gozman even suggested the 
amounts for the fraudulent loan applications and asked for Mr. Chancy’s help 
laundering his (Gozman’s) share of the proceeds. 
Mr. Chancy’s Remorse and Resilience 
Mr. Chancy is ashamed of his offense conduct.  He becomes tearful when he 
reflects on what it has meant for his family.  It has again severed his relationship 
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 6 of 10 
 
with his parents, and “[i]t’s also been tough for what it could mean for Herode’s 
relationship with his children.  He doesn’t want to lose time with his kids.  The girls 
and their mother depend on him.”  Ex. C at 2.  “Just last month [Herode] started 
crying in front of me talking about the situation.  I was so taken back because he’s 
the older cousin so usually it’s more in reverse.  I have never seen him like that and 
didn’t know what to do.  I gave him a hug and just tried to be there.  It’s so clear to 
me he wants to try to do better . . . .”  Ex. D-at 1–2. 
Mr. Chancy lost his banking job instantly upon his arrest; he will never work 
in another bank.  But he persevered and recently found employment at Paragon 
Honda where he now works 70–80 hours per week.  He uses the income to support 
his family, as Nicole writes: “Now that he has a job, we are hoping to pay back the 
past due rents and get caught up with what we owe.”  Ex. A at 1. 
THE PARSIMONIOUS SENTENCE 
“In deciding what sentence will be ‘sufficient, but not greater than necessary” 
to further the goals of punishment, 18 U.S.C. § 3553(a), a sentencing judge must 
have a generosity of spirit, that compassion which causes one to know what it is like 
to be in trouble and in pain.”  United States v. Singh, 877 F.3d 107, 121 (2d Cir. 
2017) (second internal quotation marks omitted).  In the unique circumstances of 
this case only a noncustodial sentence can comply with the parsimony mandate of 
§ 3553(a).  This Court should sentence Mr. Chancy to time served and supervised 
release with conditions to include a period of home confinement and significant 
community service. 
A felony conviction and a period of home confinement and community 
service are a sufficient punishment; any term of imprisonment would be 
greater than necessary. 
The nature of Mr. Chancy’s offense are mitigated by its circumstances.  See 
§ 3553(a)(1).  Particularly mitigating are Mr. Chancy’s vulnerable financial 
situation at the time of the offense, the critical role played by the paid informant, 
and the fact that no real lender lost money.   
Also mitigating are Mr. Chancy’s personal history and characteristics.  See 
§ 3553(a)(1).  The seven appended letters of support attest to Mr. Chancy’s good 
character, work ethic, and generosity of spirit.  See Exs. A–G.  He overcame 
adversity and has no criminal record.  He volunteers his time as a youth basketball 
coach. 
Under these unique circumstances, a non-prison sentence of home 
confinement and community service is sufficient to meet the purposes of sentencing 
under § 3553(a)(2).   
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 7 of 10 
 
A felony conviction—with its numerous collateral consequences—is itself a 
significant punishment, especially in this case.  See generally United States v. 
Nesbeth, 188 F. Supp.3d 179, 182 (E.D.N.Y. 2016) (“Today, the collateral 
consequences of a felony conviction form a new civil death.  Convicted felons now 
suffer restrictions in broad ranging aspects of life that touch upon economic, 
political, and social rights.”).  With no prior criminal history, Mr. Chancy will now 
lose valuable civil rights and be forever branded a “convicted felon.” 
Specific deterrence and incapacitation have been accomplished.  Mr. Chancy 
has been shamed and deterred.  He will never work in banking again.  Because of 
this case, many banks won’t even let him open a personal account to deposit his 
paycheck.   
General deterrence, whatever its merits—which are dubious; research 
indicates that the certainty of apprehension is a much stronger deterrent than the 
punishment imposed2—cannot justify a prison term for this first-time offender for 
this non-violent offense.  Supervision and home detention are significant sanctions 
on top of the felony conviction, and they will satisfy the need for general deterrence 
in this case.  In endorsing the non-Guidelines probationary sentence imposed in 
Gall, the Supreme Court explained in detail the “substantial restriction of freedom 
involved in a term of supervised release or probation.”  Gall v. United States, 552 
U.S. 38, 48 (2007) (internal quotation marks omitted).   
Finally, giving back through community service will better rehabilitate Mr. 
Chancy and better serve the taxpaying public than prison will. 
On the other hand, any term of imprisonment would be greater than 
necessary in this case, especially because Mr. Chancy has no criminal history.  See, 
e.g.,  United States v. Mishoe, 241 F.3d 214, 220 (2d Cir. 2001) (recognizing in the 
context of the career offender guideline that the amount of prior prison time is 
relevant to determining the deterrent effect of the sentence to be imposed).  Nor 
could imprisonment be well targeted in this case; its punitive effect would fall at 
least as heavily on Mr. Chancy’s innocent daughters and their mother, who rely on 
him for emotional and financial support, as on Mr. Chancy himself.  “Having a 
parent incarcerated is a stressful, traumatic experience of the same magnitude as 
abuse, domestic violence and divorce, with a potentially lasting negative impact on 
a child’s well-being.”  Report of the Annie E. Casey Foundation, A Shared Sentence: 
the devastating toll of parental incarceration on kids, families and communities 3 
(Apr. 2016).3 
                                            
2 See, for example, the DOJ’s National Institute of Justice’s summary “Five Things 
About Deterrence, available at https://www.ojp.gov/pdffiles1/nij/247350.pdf. 
3 Available at https://assets.aecf.org/m/resourcedoc/aecf-asharedsentence-2016.pdf. 
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 8 of 10 
 
The advisory Guidelines range deserves no deference. 
The only sentencing factor that seems to call for a sentence of imprisonment 
is the advisory Sentencing Guidelines.  Mr. Chancy does not dispute that the range 
is 41–51 months.  That high number is derived mostly from the “intended loss 
amount” of $1020,000, which works a 14 level increase in the offense level, as well 
as the stipulation that Mr. Chancy conspired to commit money laundering, which 
raises the offense level still higher.  But the Guidelines are merely advisory and the 
Court may not presume that they are reasonable in a given case.  See Gall, 552 U.S. 
at 50.  In this case, they are patently unreasonable. 
First, in this case, both the loss-amount and the money-laundering aspects of 
the offense—i.e., the aspects that most affect the Guidelines calculation—were 
driven by Gozman (and, to a lesser extent, the undercover agent). 
Second, more generally, the fraud guideline’s overwhelming focus on the loss 
amount is irrationally harsh and should lead courts to consider non-Guidelines 
sentences.  See United States v. Algahaim, 842 F.3d 796, 800 (2d Cir. 2016); see also 
United States v. Adelson, 441 F. Supp. 2d 506, 512 (S.D.N.Y. 2006) (noting the 
“utter travesty of justice that sometimes results from the guidelines’ fetish with 
abstract arithmetic, as well as the harm that guidelines calculations can visit on 
human beings if not cabined by common sense”), aff’d, 301 Fed. Appx. 93 (2d Cir. 
2008). 
In considering the weight to be afforded to the Sentencing Guidelines in a 
particular case, the Supreme Court has effectively recognized that not all guidelines 
are equal:  while some “exemplify the Commission’s exercise of its characteristic 
institutional role,” others do not.  in Kimbrough v. United States, 552 U.S. 85, 109 
(2007).  In cases involving application of Guidelines that “do not exemplify the 
Commission’s exercise of its characteristic institutional role,” it is “not an abuse of 
discretion for a district court to conclude when sentencing a particular defendant” 
that the application of the guideline “yields a sentence ‘greater than necessary’ to 
achieve § 3553(a)’s purposes even in a mine-run case.”  Id. at 110. 
In Rita v. United States, 551 U.S. 338 (2007), the Court reasoned that if a 
particular guideline was originally based on past sentencing practices, and revised 
in response to sentencing data and other research, then it seems fair to assume that 
recommendations truly embody the statutory goals of §3553(a).  Id. at 349.  
Conversely, when a guideline is not developed according to this practice, there is 
less reason to believe that it embodies the statutory objectives and deserves 
deference, even in a mine-run case. Kimbrough, 552 U.S. at 109.  
Section §2B1.1 is an example of one guideline that is not based on historical 
sentencing practices or research, but rather is singularly focused on the overall loss 
amount, which is a poor measure of culpability.  As the Second Circuit explained, 
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 9 of 10 
 
the Commission could have approached monetary offenses quite 
differently.  For example, it could have started the Guidelines 
calculation for fraud offenses by selecting a base level that realistically 
reflected the seriousness of a typical fraud offense and then permitted 
adjustments up or down to reflect especially large or small amounts of 
loss.  Instead the Commission valued fraud (and theft and 
embezzlement) at level six, which translates in criminal history category 
I to a sentence as low as probation, and then let the amount of loss, finely 
calibrated into sixteen categories, become the principal determinant of 
the adjusted offense level and hence the corresponding sentencing 
range.  This approach, unknown to other sentencing systems, was one 
the Commission was entitled to take, but its unusualness is a 
circumstance that a sentencing court is entitled to consider. 
Algahaim, 842 F.3d at 800.  The Second Circuit has invited district courts to 
consider non-Guidelines sentences in fraud cases for this reason.  Id. (“Where the 
Commission has assigned a rather low base offense level to a crime and then 
increased it significantly by a loss enhancement, that combination of circumstances 
entitles a sentencing judge to consider a non-Guidelines sentence.”); see also, e.g., 
United States v. Gupta, 904 F. Supp. 2d 349 (S.D.N.Y. 2012) (describing how fraud 
guidelines effectively ignore everything but the loss amount and that many of the 
resulting Guidelines-recommended sentences are “irrational on their face”); United 
States v. Ovid, 09 Cr. 216 (JG), 2010 WL 3940724, at *1 (E.D.N.Y. Oct. 1, 2010) 
(criticizing § 2B1.1). 
The history of §2B1.1 shows the fraud guideline to lack any sound policy 
rationale.  It was not based on empirical research concerning deterrent efficacy or 
any other variable relevant to the purposes of sentencing.  It was not even originally 
intended as a codification of past sentencing practices.  To the contrary, it was 
written with the goal of increasing the severity of sentences over historic levels.  See 
United States v. Corsey, 723 F.3d 366, 379 (2d Cir. 2013) (Underhill, J., concurring). 
(“The loss guideline . . . was not developed by the Sentencing Commission using an 
empirical approach based on data about past sentencing practices.  As such, district 
judges can and should exercise their discretion when deciding whether or not to 
follow the sentencing advice that guideline provides.”). 
In light of the criticism surrounding the fraud guideline, it is not surprising 
that statistics provided by the Sentencing Commission find that that courts vary 
from the fraud guideline in most cases.  Excluding cooperators, courts in this 
district varied from the fraud guideline in 71% of cases in fiscal year 2019.  See U.S. 
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Honorable Lewis J. Liman 
 
July 7, 2021 
United States District Judge 
 
Page 10 of 10 
 
Sentencing Commission Statistical Information Packet for Fiscal Year 2019, 
Southern District of New York at Table 10.4 
In this case, the Guidelines’ emphasis on loss is particularly inappropriate 
and unfair, since the numbers were proposed by government agents and do not 
represent actual or potential loss to any party. 
CONCLUSION 
Herode Chancy “is so much more than the person who made these decisions.”  
Ex. B at 2 (Pierre).  He is a hard-working self starter, a devoted father, and a 
reliable friend.  Imprisonment is not the only or the best way to punish his first 
offense.  A felony conviction, a term of home confinement, and community service 
are sufficient in this case. 
 
 
 
 
 
 
 
Respectfully submitted, 
 
 
 
 
 
 
 
 
 /s/                                                  
 
 
 
 
 
 
 
Clay H. Kaminsky 
Assistant Federal Defender 
Federal Defenders of New York 
 
 
 
 
 
 
 
(212) 417-8749 / (646) 842-2622 
 
CC: 
AUSA Cecilia Vogel 
                                            
4 Available at https://www.ussc.gov/sites/default/files/pdf/research-and-
publications/federal-sentencing-statistics/state-district-circuit/2019/nys19.pdf 
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EXHIBIT A 
 
 
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   Nicole Chancy 
           
 
 
                                                                                                                                            Fresh Meadows, NY 
 
 April 19th, 2021 
 
 
 
Dear Judge Lewis J Liman, 
My name is Nicole Chancy, and I am the wife of the defendant, Herode Chancy. I have known Herode for 
over 23 years and we have been married for 13 years, separated 7 years. We have 2 daughters, 
currently ages 11 and 13. I am in the real estate banking business. Five years ago, I was diagnosed with 
. It was the darkest time in our family’s life. Our children depended on their dad 
all the while I was in and out of the hospital. As a mom, it brought me much ease knowing that I can 
depend on their father to take care of them when I could not. Herode has always been hands on with his 
children and I was very grateful for that while I was undergoing 
 – one 
less thing to worry about. They have formed a bond that continues to this day. From the time they were 
6 and 7, he has been their coach in various CYO Leagues and PAL leagues ranging from soccer to 
basketball, making sure that they stay active and healthy while being close to them. He takes them on 
vacations every year to various places such as Canada and the Bahamas. They go fishing and they love 
that he takes them to various adventure parks and outings. They have created lots of fun and special 
memories together and as the girls get older, their needs are different, more sophisticated. They call 
upon him for advice on how to handle issues in school and they talk about current events.  They go to 
their dad’s house every weekend to spend quality time with him and they look forward to it.  
Although Herode and I are separated, I depend on him being there for support, not just financially but 
emotionally as well. We co-parent great and we try to make our unique family work. I can say that he 
always made sure that I was okay, never lacking anything. There were various moments through the 
years that he has helped sacrificially when he didn’t have to. For example, one day my tires blew out on 
the highway. I didn’t want to bother him because i knew that he was not close to where I was at the 
time. I was waiting for a tow truck for some time so I decided to call him to see if he could help. He came 
right away, left what he was doing to help me change my tire. That’s the type of person he is. If the kids 
and I ever needed something, he would try his best to provide for us. Since he lost his job, things have 
been even harder. We are behind on our rent and other bills. If he was to go away, we would have to 
uproot again and find somewhere else to live. That would be extremely difficult right now with our 
funds being depleted.  We depend on his salary to pay the rent. We split the bills and he pay his own 
rent and other bills where he lives - we live separately.  Now that he has a job, we are hoping to pay 
back the past due rents and get caught up with what we owe.  
I understand that Herode has pleaded guilty to the charges he is facing but I believe that he acted out of 
desperation to help our family. As you can imagine, my medical bills have been overwhelming and we 
had to give up our home. We sacrificed a lot as a family and there was a lot of financial stress as well as 
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emotional stress. I believe it is because of all of this, it drove Herode to get involved with the wrong 
company, resulting in where we are today. He always wanted to provide for his family. He wanted to 
alleviate my worries while I battled 
 and raise our young children. Herode’s character does not 
reflect this act. He is kind-hearted, compassionate, caring, protective and a loving family man who will 
go above and beyond for anyone that he cares about. He cared about our well-being and he wanted to 
make sure that I wasn’t worried about our financial burdens. I cannot begin to imagine the pain and 
heartache that our family will suffer if Herode was to be incarcerated. I plead with you, please pardon 
him on these charges. Our girls are depending on him to be there for them. Our oldest is heading off to 
High School and our youngest has 
 issues ever since I was diagnosed. She is currently seeing a 
therapist to help her with that. They need the presence of their father in their everyday lives. We are 
not the perfect family, but we are always there for each other and we always depend on each other to 
be there.   
I know that Herode is remorseful for his actions. He never wanted to disappoint his children. We are 
looking forward to getting this behind us so that we can repair and rebuild. Herode’s new job has been a 
God send – which our family needs. Since this has happened, I believe that it has given him a different 
outlook on life. He tears up every time we talk about the possibility that he will have to be away from his 
kids. Your honor, I can tell you that I am 1000% certain that he will never do anything like this again. It 
has been a rough year for him, for us and with the pandemic added into it, it has taught him a lot. He 
knows the value of being present in his children’s lives and would never do anything to jeopardize that 
again.  
 
Yours Sincerely, 
Nicole Chancy 
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EXHIBIT B 
 
 
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June 29, 2021 
Good morning Judge Liman, 
 My name is Pierre Millien and I'm writing on behalf of my cousin and very good friend Herode Chancy. 
We grew up in Harlem New York in the early 80s and lived in the same building many years. Since our 
families are so close we’ve been friends since we were kids. The Herode I've always known is a caring 
thoughtful man who always stood up for and looked out for others. Even as kids Herode would always 
be the one to want to help others. We had great parents in our lives but we grew up not always in the 
greatest of conditions. Living in Harlem back in the 80s wasn't what people see today. At the time it 
wasn’t strange to hear gunshots in our apartment building or just outside. Even just walking in the 
hallways you would see fights. Our parents kept us cooped up in the apartment because it was so 
dangerous. 
Our parents all immigrated from Haiti to the US so had different expectations of us than other kids. They 
loved us and wanted the best for us, but it was challenging in a lot of ways. Our parents strived to give 
us a better life and worked multiple jobs so one day we could move. They did their best to keep us out 
of trouble and motivate us to do the right things like go to school and be productive members of society. 
For the most part they did a good job. As a family we had our ups and downs but we always had each 
other there to guide us and help us in good times and bad. Herode’s parents in particular were very very 
strict and their relationship was often strained. They didn’t understand a lot of what Herode was going 
through as a teenager in Harlem and the reactions he was having. One of Herode’s friends was 
murdered when Herode was with him. Herode’s friend was a twin so the three of them were playing 
together minding their business when some other guys approached them. Herode and one of the twins 
were scared and ran off, but tragically the other kid was killed. His parents didn’t know what he needed 
or how to help him process what happened. The only thing they knew to do was to enforce extremely 
strict rules. It wasn’t the best situation for a teenager. 
He started living on his own at just 17 or 18 years old because the relationship with parents had 
deteriorated so much. It made him have to grow up a lot quicker and get himself together. He scrapped 
by doing whatever work he could find and eventually worked his way into a career.   
Herode and I remain close in our adult years. We both of us got married, had kids, and had our first 
homes in Long Island. We wanted to raise our kids in a different environment and were fortunate 
enough to have the resources to do so. He’s one of the guys where if you found yourself in a jam he 
should be your first call. If I get stuck somewhere he is there in a heartbeat, even if it’s a major 
inconvenience. One winter I was very sick and couldn’t do much. He was calling the house to check in on 
me and was constantly talking with my wife to see who he could take some of the pressure off of her. 
He would come to the house and shovel the snow and take care of the housework I was too sick to do. 
Heaven forbid if something ever happened to me, he would be the one I trust to take care of my family.  
I have been lucky enough to be the godfather to one of Herode’s beautiful daughters, and Herode is a 
great cousin friend to my two kids as well as my wife. Because of what he’s experienced with his parents 
he gives his girls and all the children in the family an overabundance of love. He wants them to 
understand he loves them and will always be there for them no matter what. He doesn’t want them to 
have ever have to experience what he did.  
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 15 of 31

I know we are here today to discuss an unfortunate situation that Herode is in. He is so much more than 
the person who made these decisions. This case does not show all the good there is in the man I’ve 
known the last 41 years. Herode is a loving father who spends his days and nights doing what he can to 
take care of his family. Herode is an active member in his kids lives whether it be playing basketball, the 
kids showing him different websites, going new places, or just being around his kids this is the man I've 
know and those type of things are what bring him true joy.  
I'm not sure how Herode got himself involved in these activities that has brought him in front of this 
court. I wish I had spoken to him prior to these things taking place so I could’ve maybe help him make 
better choice, but we cannot go back it has been done so the only thing we can do now is move forward. 
Herode made poor choices, that goes without saying. I also believe that he understands his wrongdoing 
and is very remorseful for what he has done and the implications it will have one not only his life but 
those around him and those directly impacted by his decisions who lost money. I ask the court to take 
into consideration some of those around him that will also be affected by taking Herode out of their 
lives, more so than anyone his kids. I know a crime was committed and we can't take that back I just 
hope that some other way for Herode to repay his debt to society. Herode has never been in any kind of 
trouble before. This whole thing is a shock to me for so many reasons but I still can’t believe he would 
put himself in this position to potentially be away from his kids. 
 
Pierre Millien 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 16 of 31

EXHIBIT C 
 
 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 17 of 31

Dear Judge Liman,  
 
Hello my name is Michelene Anderson. I am the older sister of Herode Chancy. I own a 
daycare called Heart 2 Heart Childcare Inc. on Staten Island.  
 
Herode is the youngest child in our family out of four children. I took care of him when 
he was a baby up until I moved out and went to school. Since I’m the eldest and he’s the 
youngest there is a bit of an age gap and I moved out when he was still young. Still we always 
kept in touch. We were very close and still are very close. He’s always confided in me since we 
were young. Our parents were very strict, especially when we were growing up. He would come 
to me when they didn’t see eye to eye and how to navigate each situation. Herode has always 
deeply loved our parents but sometimes it could be difficult. He would ask me my opinions on 
all his major decisions, relationship advice, and now things like parenting advice.  
 
We were brought up in a strict household. Herode tried very hard to follow all the rules 
and never got in trouble in school or anywhere outside the home. Growing up he was very 
quiet but still very sweet. Our main friends were our cousins and other family that lived close 
by. He was very much into basketball and sports. My parents weren’t advocates for sports and 
didn’t really understand it. He was very talented, but didn’t really know how to make sports 
work for life like college scholarships and such. He liked school though and was very smart so 
excelled in school. As he got older he grew more outgoing as opposed to his quiet younger self. 
He started to really want to be successful and provide for the family.  
 
 When I got married and had my fist son Herode remained an important part of my 
family. Him and my son were particularly close. Herode always wanted to watch him and was so 
proud of his nephew. Even still my son is now 25 years old and Herode is always checking in 
calling to make sure he has everything he needs. I also have a nine-year-old that Herode is close 
with. He brings my son on vacations on his family vacations with his daughters. Herode wants 
him to feel loved and included. He is also always there for me. I know I’m the older sister but 
sometimes it feels like he’s my older brother. During my first marriage he was really there for 
me. I know what I would have done without his support. He told me I deserved better than that 
and affirm me. He would check up on me every day or every other day when I told him he 
worries too much.  
 
Though he loves all of us the love he shows his two daughters is unparalleled. He has a 
very close relationship with them. He’s their friend, coach, father, and parent. His ex-wife and 
him are still close, they still talk and there is no conflict. They both love their girls so much and 
want them to know they have a cohesive team of parents who can both be there for them. 
Herode is always trying to build up his daughters. He gives them a lot of confidence. 
 
 
 He is at every parent teacher conference. He got them into sports and wanted to 
coach for them. He was a couch for soccer when they were young and then did the basketball 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 18 of 31

team. 
 He is involved in every 
aspect of their life, and is very in tune.  
 
He talks to me about his case. He is very scared. The not knowing and the depression 
have been a struggle. I’ve seen how the decisions he made that lead him here weigh on him. 
We talked last week and doesn’t seem like he’s in a good place. My mother and father have 
really struggled with this whole thing. My father has heart problems and is very sickly. This 
news really shocked him. It’s been very tough on their relationship with Herode. It’s also been 
tough for what it could mean for Herode’s relationship with his children. He doesn’t want to 
lose time with his kids. The girls and their mother depend on him. He’s disappointed in himself. 
He grew up on a straight path. He’s upset at himself for getting involved in this kind of thing. 
He’s always talking about how he regrets it and wishes he never did it. I believe people deserve 
a second chance and I hope that counts for something since he’s never been in any trouble 
before. It was such a stupid decision. He was on a steady career path with banking and now he 
can’t go back to that. I just want you to know he’s sorry. This time on pretrial has really forced 
him to reflect and deal with the reality of the situation he helped create.  
 
From,  
 
 
Michelene Andeson  
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 19 of 31

EXHIBIT D 
 
 
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July 2, 2021 
 
 
Dear Judge Lewis J. Liman,  
 
My name is Peter Pamphile I am 34 years old. I work at MTA NYC transit as a bus 
driver. Herode Chancy is my father’s sister’s son so we’re cousins. He’s also the godfather to my 
7-year-old son.  
 
Being cousins Herode and I have known each other pretty much our entire lives. I have 
always known him to be a very responsible hardworking family oriented individual. You can 
count on him for anything. That’s been true since we were kids. When I was young and living in 
New Jersey I had this old 1991 Toyota Carolla living in New Jersey. My vehicle broke down on 
the side of the road in the middle of the night. I was working a dead-end job not making much 
money so I couldn’t afford the tow truck rates. I called Herode not knowing what to do and he 
came right out to help me. At 2 am he drove from Long Island to NJ to help me out.  
 
When I was 18 I had an accident with that same car. Herode let me be under his 
insurance and borrow his car. That enabled me to get around to get to school and get a new job 
without being stranded on mass transit. I used to work at Starbucks and it was very far to get 
there because it was on the other side of town. So when he gave me access to the vehicle it saved 
me over an hour on commute. Because I had an accident with my first vehicle, back then my 
credit was bad so I couldn’t get another vehicle. Over the years he gave me advice on how to fix 
my credit and now it’s better.  
 
Our relationship today is so great and built on years of being there for each other. I talk to 
him often and try to see him every other weekend. He has two daughters so my son hangs out 
with them. As the kids play together we catch up. The kids also used to have the same babysitter 
too so spend a lot of time together. We try to do things as a big family often. It was one of his 
daughter’s birthday last week so we all celebrated together. We went over to Herode’s last 
weekend to watch the boxing fight. We try hard to be a family together. A bunch of us also saw 
our cousin get married in Jamaica. It was a really great experience. We got to see family and 
friends and celebrate life. 
 
Herode spoke to me about the case. He is very regretful and very down. It’s really 
impacted his day to day. He is losing weight and is even getting bald. He was always joking with 
me about having a bald spot but now is having the same thing. He always had a nice full head of 
hair. He is learning to though and make it day by day. He keeps good company around him and 
we try to uplift him. Just last month he started crying in front of me talking about the situation. I 
was so taken back because he’s the older cousin so usually it’s more in reverse. I have never seen 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 21 of 31

him like that and didn’t know what to do. I gave him a hug and just tried to be there.  It’s so clear 
to me he wants to try to do better and change a lot of things in his life.  
 
He is going to focus on his daughters. Every day is not promised. He is a great great great 
father. He’s very hands on and involved. Almost every weekend he’s got them doing different 
sports and activities. He used to coach for M
 his oldest daughter’s basketball team. He 
helps with homework and makes sure they’re taken care of. Almost every other day he’s with 
them. The kids split their time 50/50 and Herode really makes their time together count.  
 
We are close and I am a support for him. He did a lot for me. He’s my favorite cousin I 
can call him and call him. He just turned 41 on March 5th so he’s a little older but we’re in the 
same age bracket. Growing up it was great because he had been through everything before me 
and could offer solid advice. I’m the oldest of 3 brothers in my immediate family so he’s almost 
like my big brother. He’s who I went to for advice for myself and how to help my brothers out.  
 
Now he has to follow his own advice. If he does that, which I know he will, this won’t 
happen again. He has so much to lose and look forward to. The kids are getting older and time 
waits for no one. Every day that passes by he’s learning that lesson. Nothing is more important 
than being there to see his kids grow up.  
 
From,  
 
Peter Pamphile   
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 22 of 31

EXHIBIT E 
 
 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 23 of 31

Eric Pamphile 
 
Yonkers Ny
 
Judge Lewis J. Liman 
United States District Court 
Southern District of NY 
 
Dear Judge Lewis J. Liman, 
 
 
I, Eric Pamphile, am the cousin of Mr. Herode Chancy. We are related since my 
father and his mother are brother and sister. Because we are family I have known 
Herode my whole life. I am a mail carrier who works for the post office in Bronx, 
New York. I have resided in Yonkers, New York for nearly my whole life as I am 
thirty-one years old now. 
 
Herode and I have always been very close even though we have a little 
difference in age. I would describe him as an honest and loyal person who will always 
tell it to you straight. If I need relationship advice, to know if a car is a good deal to 
purchase, or family traumas such as our grandmother passing away two years 
ago I know I can count on him. Two years ago my father passed away and he was 
there to keep me level headed. He was there to listen when I needed to talk and to hug 
me when I needed to cry. This and many other reasons is why I consider him 
more of an older brother then a cousin.  
 
Herode is a great family man and is loved by his two daughters. When 
they need him he will drop whatever he has to do to make them happy. We both 
have a passion for the gym and workout together, but he  has canceled many 
times so he can be with his daughters if they last minute need him for 
something.  
 
I chose him to be my best man in my wedding. I couldn’t think of anyone 
better suited for the title and he lived up to it in every way. Planning was very 
stressful, but he helped me every step of the way. He helped me pick out party 
favors, my suit, and train me in the gym so I could feel confident. I couldn’t 
imagine getting married without him by my side.  He’s been with me at every 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 24 of 31

major step of my life and his support has made each moment even more 
meaningful. That’s why I didn’t hesitate to sign his bond so he could travel to be 
there.   It was a $500,000 bond which is no joke but I trust Herode entirely and 
knew he took that very seriously that I and other family were willing to do that 
for him.  He did not disappoint me and was on his best behavior during all 
travels. The wedding was beautiful and it meant the world to me that all my 
family (including Herode) was able to be there. It wouldn’t have been the same 
without him.  
 
I know Herode has great things in store for him in the future. I know he 
looks forward to working and providing guidance to his daughters in the rest of 
their schooling years. 
 
Sincerely, 
 
 
Eric Pamphile 
 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 25 of 31

EXHIBIT F 
 
 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 26 of 31

Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 27 of 31

Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 28 of 31

EXHIBIT G 
 
 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 29 of 31

 
Michelle Tejeda 
  
New York, NY 
 
 
 
 
Current Date April 19, 2021 
 
 
 
RE: Herode E Chancy 
 
 
 
To the Honorable Judge Lewis J. Liman 
 
 
I am writing on behalf of Herode Chancy. Mr. Chancy and myself have now been in a committed 
relationship for 1 year and 8 months, and hoping for forever more. It is for this reason that I am 
happy to write this letter. Within this time Herode has proven to me that love does and could 
still exist. I am a mother of two beautiful daughters, and within the trial and error of life I 
thought settling for being a single mother was the only way to proceed , until I meet Herode. 
 
Herode and I have a love story that I look forward in telling both our sets of kids and to any 
future children God has in plans for us. We met on a dating app. At first meeting that way was 
something maybe to be shameful to tell but to see what our relationship have flourished into, I 
am so proud to say I swiped right in hopes we were a match. Little did I know he had already 
swiped right wanting the same. Though I tried to play hard to get between the images on the 
app and his great way of holding a meaningful conversation, I just knew I had to take what they 
call “a leap of faith “ and we had our very first date in Times Square DOS CAMINOS. 
 
Throughout this time like most successful relationships we have had our struggles, but one 
thing for sure is though I went through a lot of doubts Herode stood his ground and showed me 
what true support no matter what is. Being a single mother and having to deal with this thing 
we are fortunate to call LIFE, I found myself having to  be in two different locations at the same 
time for my daughters, with his help I was able to accomplish and be there for my girls. To 
many this might not seem like a big deal but for a person like myself that have been that 
dependable parent for them, it meant so much to see him being able to just put all his 
responsibilities on pause provide the time to put my daughters and my needs. 
 
Herode has taken his time to build not only a foundation for him and myself, we have such an 
amazing blended family. We come from 2 different culture, 2 different upbringing and yet being 
a family is one of the best things God has let me experience.   
 
 
 
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 30 of 31

Unfortunately Herode Chancy made a mistake, which from that moment has tested our 
relationship in all levels. 
 
 “We have two lives, and the second begins when we realize we only have one.”- Confucius 
 
Seeing how deeply remorseful he has been since day 1, I knew that by his side is where I 
needed and wanted to stand. This type of action has us all just realizing life is short.  
 
 
 
                                                                                  Highly appreciated and thankful for your time 
                            
 
                                                                                        
                                                                                                          Michelle Tejeda  
Case 1:20-cr-00378-LJL     Document 71     Filed 07/07/21     Page 31 of 31

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