Order of Restitution — United States v. Beach (Dkt. 266, S.D.N.Y.)

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An order of restitution by United States District Judge Paul A. Engelmayer in United States of America v. Dennie Beach, Docket No. 21-CR-247-06 (PAE), in the U.S. District Court for the Southern District of New York, dated 4/24/2023. On the application of the United States Attorney and following the defendant's conviction on Counts One through Six of the Information, it orders Beach to pay restitution of $4,153,086.84 under 18 U.S.C. § 3663A (MVRA) to the victims of the offense charged in Count Three, listed in a sealed Schedule of Victims. It provides that nonfederal victims are paid before the United States under 18 U.S.C. § 3664(i), sets payment terms, and keeps any lien under 18 U.S.C. § 3613(c) in place until released.

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Case 1:21-cr-00247-PAE Document 266 Filed 04/24/23 Page 1 of 5




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________
UNITED STATES OF AMERICA                               Order of Restitution
            v.

DENNIE BEACH,

            Defendant.                                 Docket No. 21-CR-247-06 (PAE)
__________________________________

        Upon the application of the United States of America, by its attorney, Damian Williams,

United States Attorney for the Southern District of New York, Dina McLeod, Assistant United

States Attorney, of counsel; the presentence report; the Defendant’s conviction on Counts One

through Six of the above Information; and all other proceedings in this case, it is hereby

ORDERED that:


        1.       Amount of Restitution

        DENNIE BEACH, the Defendant, shall pay restitution in the total amount of

$4,153,086.84, pursuant to 18 U.S.C. § 3663A (MVRA), to the victims of the offense charged in

Count Three. The names, addresses, and specific amounts owed to each victim are set forth in the

Schedule of Victims, attached hereto as Schedule A. Upon advice by the United States Attorney’s

Office of a change of address of a victim, the Clerk of the Court is authorized to send payments to

the new address without further order of this Court.

        Pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United

States is paid. Restitution shall be paid to the victims identified in the Schedule of Victims,

attached hereto as Schedule A, on a pro rata basis, whereby each payment shall be distributed

proportionally to each victim based upon the amount of loss for each victim, as set forth more fully

in Schedule A.



2020.01.09

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               A.      Joint and Several Liability

        Restitution is joint and several with the following defendants in the following cases:

Apocalypse Bella, United States v. Bella, 21 Cr. 247 (PAE); Amos Mundendi, United States v.

Mundendi, 21 Cr. 247 (PAE); Alvin Maxwell, United States v. Maxwell, 21 Cr. 247 (PAE); and

Dennie Beach, United States v. Beach, 21 Cr. 247 (PAE) and, with the consent of all members of

Go Africa Global LLC, that entity has agreed to be jointly and severally liable for restitution with

the foregoing defendants. The Defendant’s liability to pay for restitution shall continue unabated

until either the defendant has paid the full amount of restitution ordered herein, or the victim has

been paid the total amount of its loss from all the restitution paid by the Defendant and co-

defendants who owe the same victim in the related cases.

       2.      Schedule of Payments

       Pursuant to 18 U.S.C. § 3664(f)(2), in consideration of the financial resources and other

assets of the Defendant, including whether any of these assets are jointly controlled; projected

earnings and other income of the Defendant; and any financial obligations of the Defendant;

including obligations to dependents, the Defendant shall pay restitution in the manner and

according to the schedule that follows:

       In the interest of justice, restitution will be payable in installments pursuant to 18 U.S.C.

§ 3572(d)(1) and (2). The defendant will commence monthly installment payments of no less

than ten percent of the Defendant’s gross income, payable on the fifteenth of each month

immediately upon entry of this judgment.

       3.      Payment Instructions

       The Defendant shall make restitution payments by certified check, bank check, money

order, wire transfer, credit card or cash. Checks and money orders shall be made payable to the

“SDNY Clerk of the Court” and mailed or hand-delivered to: United States Courthouse, 500 Pearl

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Street, New York, New York 10007 - Attention: Cashier, as required by 18 U.S.C. § 3611. The

Defendant shall write his/her name and the docket number of this case on each check or money

order. Credit card payments must be made in person at the Clerk’s Office. Any cash payments

shall be hand delivered to the Clerk’s Office using exact change, and shall not be mailed. For

payments by wire, the Defendant shall contact the Clerk’s Office for wiring instructions.

       4.      Additional Provisions

       The Defendant shall notify, within 30 days, the Clerk of Court, the United States Probation

Office (during any period of probation or supervised release), and the United States Attorney’s

Office, 86 Chambers Street, 3rd Floor, New York, New York 10007 (Attn: Financial Litigation

Unit) of (1) any change of the Defendant’s name, residence, or mailing address or (2) any material

change in the Defendant’s financial resources that affects the Defendant’s ability to pay restitution

in accordance with 18 U.S.C. § 3664(k). If the Defendant discloses, or the Government otherwise

learns of, additional assets not known to the Government at the time of the execution of this order,

the Government may seek a Court order modifying the payment schedule consistent with the

discovery of new or additional assets.

       Pursuant to 18 U.S.C. § 3664(j)(2), the Defendant is entitled to credit for any amount

recovered by a victim for the same loss amounts listed in Schedule A, including payments made

by borrowers to lenders on the fraudulent loans upon notice from the Defendant to the United

States Attorney’s Office, 86 Chambers Street, 3rd Floor, New York, New York 10007 (Attn:

Financial Litigation Unit) to confirm loan payments received by the victim as needed to adjust the

restitution amount for such victim(s) accordingly.

       5.      Restitution Liability

       The Defendant’s liability to pay restitution shall terminate on the date that is the later of 20

years from the entry of judgment or 20 years after the Defendant’s release from imprisonment, as

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provided in 18 U.S.C. § 3613(b). Subject to the time limitations in the preceding sentence, in the

event of the death of the Defendant, the Defendant’s estate will be held responsible for any unpaid

balance of the restitution amount, and any lien filed pursuant to 18 U.S.C. § 3613(c) shall continue

until the estate receives a written release of that liability.




        SO ORDERED:

              
        ___________________________________
        HONORABLE PAUL A. ENGELMAYER
                                                                       4/24/2023
                                                                     _____________
                                                                     DATE
        UNITED STATES DISTRICT JUDGE




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Case 1:21-cr-00247-PAE Document 266 Filed 04/24/23 Page 5 of 5




     EXHIBIT A – SEALED SCHEDULE OF VICTIMS

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