Court filing
Exhibit A — D — USA v. Bella (Dkt. 234-1, S.D.N.Y.)
Filed February 2, 2023 in USA v. Bella; one of 37 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2023-02-02 |
U.S. District Court for the Southern District of New York · No. 1:21-cr-00247-PAE · Doc. 234-1 · 2023-02-02 · Docket on CourtListener
Full text
EXHIBIT A Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 1 of 12 REDACTED Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 2 of 12 EXHIBIT B Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 3 of 12 1 January 19, 2023 Dear Judge Engelmayer, My name is Amos Mundendi, and I am 33 years old. . I would like to first start off by apologizing for my actions. They were wrong, plain and simple. The truth is that from a very young age, I have had to lie, deceive, and steal, just to survive. These actions were not out of choice, but out of necessity to survive my difficult family situation. I was born in Kinshasa, Congo, where my family lived at the time. When I was fifteen years old we fled a civil war in the Congo, and moved to South Arlington, Texas. When I was five years old, my mother joined a new Church, where she made friends who were into witchcraft. Before this, my childhood was pretty normal compared to other people in our town. But someone at this new Church told my mother that I was the witch, and that I was the one that had cursed our family. My mother believed this lady. I was starved, not allowed to stay in the house, and not given any clothes. It was embarrassing and humiliating. All I wanted to do was disappear in a hole. This happened regularly for the next six years of my life. I was in and out of the house. Even when I was inside the house getting fed, I was being forced to pray all the time and not allowed to go to school. It was during this time that I learned to lie to my family. I would tell them I needed to use the bathroom, which was located in a compound a few feet from the actual house. From the bathroom, I would climb a mango tree that was close to our house, and pick mangoes to eat. I had also learned to steal and lie, to get the necessities that I needed. Sometimes I would steal a small amount of food from small shops, so that I would not starve. I didn’t like doing this kind of stuff, but had no other option. When I was eleven, my parents decided to migrate to the United States. My dad was an educator, and during the Civil War, his life became at risk. He was scared that if he was around, people would not only try to kill him, but also all of us. He decided to migrate to the United States with my mother, set up a life for us, and then come back and get us. My older sister became responsible for taking care of all of us children, and she adopted my mother’s witchcraft beliefs about me. I never really healed from the scars of that trauma. My childhood was robbed from me by my parents and their religious beliefs. To this day, I wake up in the middle of the night sweating as a result of nightmares related to my past. Thankfully, when I was 15 years old, I was able to join my parents in Texas. When I came to the United States, I couldn’t speak a word of English. Throughout most of my childhood, I didn’t talk because I was so scared of being thrown out of the house. I was pretty much silent. But at least I understood the language. When I came to Texas I couldn’t even understand what people were saying. Learning English was probably the hardest thing I have ever had to do. But everything was not bad once we moved to America. Early on, I was introduced to the game of basketball. Basketball, in many ways, changed my life. It gave me a reason to live and exist in a world where I had so often been told that I was different and unworthy. It took a lot of mental and physical focus, but I was good at it. I made it as far as the NBA Developmental League, known as the G League. I wanted with all my heart to play professional basketball, but my body Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 4 of 12 2 just wouldn’t allow it. A string of injuries pretty much ended those dreams. Still, I learned a lot throughout my teenage years from basketball. Before I started basketball all the other kids would bully me regularly. They would make fun of my accent, and my lack of English skills. Basketball helped me gain confidence, self-esteem, and language skills. My basketball coach was the first person I trusted. He taught me the language, and was the first person ever to give me compliments and praise. Still, after I realized that I wouldn’t be able to make the NBA, I bounced around a lot. I realized that my basketball dreams were not going to work out. It was depressing and really tore me apart. For a few years, I was in a terrible cycle. I started partying, smoking cigarettes, and drinking large amounts of alcohol. This was all a coping mechanism. It felt like my life was over. My unstable childhood and young adult life followed me. I struggled to find work that paid the bills and that I enjoyed. I didn’t know what I wanted in life. It eventually ended up with meeting the people who got me involved in this scheme. Eventually, I met someone at the end of 2018 who told me that they could get me back into basketball. I was ready to put in the work and started training again. It was the hardest I have ever worked. My plan was to try out for the G League during the summer of 2020. However, while I was training, I was struggling to financially support myself and my fiancée, Charisma. I also wanted to provide for my son J , who has learning disabilities. I wanted him to get the best therapy and care he could, no matter how much it cost. It was in this period of my life, in the beginning of 2020, when I was approached by a friend about the PPP loan application. He told me that it was completely alright, and I foolishly believed him. For me, it really comes down to the fact that ever since I was a young child I have wanted to fit in. I was wronged so many times by my family that I always just wanted friends. As an adult, I still try very hard to fit in. I want people to like me and so I don’t question at all when they tell me something. When a friend told me about the loan application, and said that everyone was doing it, I immediately agreed. I should have known better than to put my entire life, including the people I love, at risk. In doing this, I also gave up my last chance at basketball. It was despicable and a decision I regret every day. A day doesn’t go by when I don’t wish that I could go back and have a chance to take back my actions. Your Honor, although this case has caused a lot of stress for me, it has also served as a wake-up call. I take full responsibility for the part I have in my case. This case has been both a curse and a blessing at the same time. I am working to be a better person, for myself, my fiancée, my son, and my family. I also learned that I have to be careful about who I associate myself with. I have learned that I need counseling and professional help, to deal with my childhood and past trauma. Honestly, just with meeting with Dr. Yinka and talking about my childhood was validating and important. It showed me that my experience was difficult, and that it contributed to where I find myself today. I have been wronged by my parents and siblings, but I am at a point in my life where I am ready to move on and forgive them. The case also taught me that I didn’t only affect myself by making bad choices and bad decisions. I also let my family down. I let my innocent child down and he’s missing his father and best friend right now. I let myself down. Those are Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 5 of 12 3 the worst feelings that brought a lot of fears in me and took me back to when I was a little child going through years of suffering. I am getting better and becoming a more thoughtful and self-reflective person. The mistakes I made were costly, that is undisputable. But I have also learned from them and am committed to continuing to learn from them. I know what I need to do to become a better person, father, and partner. My priorities are to my son. Growing up, I was thought to be a witch, and made to live in a crawl space. Physically, but also emotionally, I didn’t see a way out. But now I do. I see a way that I can take this terrible mistake and recover from it in a productive way. Through these actions, I have hurt my entire family. I will never live that down. But I also know that I cannot make what I did go away. All I can do is try to show the people I love, and the people that care for me, that something like this will never happen again. I can assure you of that. I am asking for your Honor’s help and leniency so I can go home and be a great father and good son to my parents and be a productive member of society. Thank you, Amos Mundendi Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 6 of 12 EXHIBIT C Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 7 of 12 January 12, 2023 Dear Honorable Paul A. Engelmayer, My name is Charisma Iwu and I am writing on behalf of Amos Mundendi. I currently live in Irving, Texas. I am a licensed independent claims adjuster with 8+ years’ experience. Before starting to work, I attended University of North Texas, where I studied Integrative Studies with a focus in Business, Merchandising, and Sociology. I’ve known Amos for just about three years now, and throughout everything I still have a lot of love for him. When I first met Amos, I was skeptical because of how cool he looked. Normally, I stay away from men like that. But I would soon learn that Amos was extremely sensitive and caring. Although I would like to keep the focus on Amos, I would like to share a difficult topic of sexual abuse that I experienced as a child and again in my early adulthood. I struggle with intimacy due to my extreme anxiety and memories of sexual abuse. When I first met Amos, I told him about these experiences, and how they had affected me. He was extremely cautious and caring, making sure that I felt comfortable at the early stages of our relationship. Soon after opening about my sexual abuse, he opened up about how he was molested as a child as well. We bonded over something that should have destroyed us both, but instead it connected us emotionally and spiritually. Since meeting Amos, we have healed a lot together. He has made me feel safe, loved, and validated in a way I hadn’t experienced before. Amos experienced life unlike most children. He was born and raised in Democratic Republic of the Congo. In the time Amos grew up, his country was corrupted by politics, religions, and cult- like behavior related to witchcraft and unusual beliefs. Amos, at a very young age, faced witchcraft accusations and subsequently suffered grievous human rights violations. Over the time I’ve known Amos, he has slowly opened up about his childhood experiences. He was unable to speak and express himself until him and his family sought asylum in the United States in his early teenage years. Life in the States restored Amos’ ability to talk, and although his difficult childhood held him back from an education, he was determined to learn to read and write through multiple programs given by his high school and to play basketball for the school. Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 8 of 12 Amos’ 10-year-old son J has extreme autism and a difficult time learning. Amos, who understands the importance of an education because of his own childhood struggles, has prioritized his son’s education by funding afterschool tutors to assist J s development. Due to his son’s inability to meet new friends and his shyness towards other students out of fear of being bullied, J considers Amos to be his best friend. After being remanded, J mom no longer allows Amos to speak to him on the phone from MDC. When he was out, Amos would see or talk to J every day. I know it is breaking his heart to not be able to do this at the moment. In the fall of 2021, Amos experienced a sort of mental breakdown. His sentencing was initially set for September 9th, and as this day approached, he became more and more in denial. He started acting differently. It was then that I really began to understand the extent of his mental illness. I always knew he struggled with a lot, but it was kind of easy to ignore when he was doing well. I think the sentencing triggered some sort of mental break for him. The upcoming sentencing led him to a very manic, volatile state in the early fall. I’ve known Amos for three years, but the last six months showed me a side of Amos I had never seen before. Since being at MDC, Amos has calmed down a lot. He’s apologized and seems to be back to normal. Still, I don’t think adding significant jail time will help Amos. Some people come out of jail as better people. I don’t think more time would do this to Amos, because he needs serious mental health treatment and needs to learn how to readjust to society in a healthy, sustainable way as soon as possible. I know it will be different when he is released this time, because he won’t have the impending stress of sentencing causing him to be in a manic state. He’ll also have adequate mental health treatment. He needs clinical help, and potentially medicine to treat these previously untreated mental health diagnoses. He talks about his childhood a lot, but he doesn’t know how to handle the traumatic thoughts that run through his head. Professional help will teach him with this. He knows he can’t make these mistakes, or any like them, again. Amos has cried countless times to me about how much he regrets his mistakes, and also the mistakes he made over the past few months in particular. There’s still a chance that our relationship can recover from the damage that was done over the fall, but I want him to focus on his mental health. I want him to focus on getting better for himself and not me. He’s changed a lot at MDC. The people in there have shown him that this life of constant trouble is not what you want. MDC, and the people in there, have scared him straight. I understand that the only person who can judge his faith and future is you, the honorable Paul A. Engelmayer. The day you released Amos from detainment, you warned him that one mishap or mistake will lead him back to jail. He has learned that his mistakes lead to serious consequences. We understand your role is to evaluate all parts of the case and the individual. I ask that you try to understand what led Amos to make the many mistakes that he has. Thank you, Charisma Iwu Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 9 of 12 EXHIBIT D Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 10 of 12 January 4, 2023 Dear Honorable Judge Engelmayer, My name is Elie Nsangala Mundendi, and I am the father of Amos Mundendi. I am writing to tell you more about Amos and how we came to America. We are from the Democratic Republic of Congo. We are one of the richest countries in the world in resources. We have mineral resources such as gold, cobalt (which is used to make phones and laptops), copper, diamonds, uranium, and more. Because of this, many countries have taken these resources and our country has a complicated history. Despite this material wealth, 80% of the population lives in poverty. The regime reserves only 20% of their budget for providing for those who are not associated with the government, while they reserve 80% of the budget for their salaries and corruption. I first came to the United States with my wife in 2000. We had to leave my kids in the Democratic Republic of Congo without any support, because I was running away from the political police of the dictatorship of Kabila. Amos and his siblings followed me five years later in 2005. In the DRC, I was a math teacher for students in 11th and 12th grades. The regime paid teachers with bachelor’s degrees $10 per month. Unlike in America, we were not paid hourly. In order to make a living, I was tutoring students with difficulties in math whose families were some of the wealthier members of the government. I was the teacher for students who were in their final year, before beginning college. These students were witnesses to the injustices and dictatorship of the regime. We often talked about these injustices. I was critical of the regime. Because of this, the political police came after me. They started searching for me. The leader of our Christian Ministry, who was organizing an international convention in New Orleans in 2001, helped me. I escaped the country. When I arrived in America, I had to wait until 2003 to be able to help my kids come here. I was granted asylum then and filed a petition to reunite my family. I finally was able to see them in 2005 when their visas were approved to come to the US. I did my best to put Amos in 9th grade and teach him good English. When Amos was studying, he expressed his desire to play basketball, and I helped him by giving him advice and support. When he finished high school, his love for basketball continued. He also met a girl, they had their son J . J is very attached to his father. Though Amos and J s mom are no longer together, Amos is still very close with his son. His son stays with us sometimes, and I can give testimony that Amos is a good father for the young boy. J is very happy when he comes to our house. I will soon be retiring this coming April from Wal-Mart Distribution Center. I want to turn my attention to working in politics. I want Amos to help me because of his English fluency and Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 11 of 12 communication skills. I want to have him close to me so he can leave behind the bad friends who have taken advantage of him in the past. I want him to follow my example of prioritizing family over friends. He is in his 30s, and can still catch up and improve his life, as well as his son’s. He has many more years to work on himself. He knows now it is important to avoid people who try to take shortcuts and offer an easy life. He knows know that it is important to earn things through hard work and to comply with the law to create a secure life for himself. Amos wants to stand for the good in life. He has promised me this, and I know I can count on him to follow through. Sincerely, Elie Mundendi Case 1:21-cr-00247-PAE Document 234-1 Filed 02/02/23 Page 12 of 12
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