NOTICE of Filing of Supplemental Restitution Exhibits by USA as to Eric Dean Sheppard — USA v. SHEPPARD (Dkt. 291)

Record facts

U.S. District Court for the Southern District of Florida · No. 1:22-cr-20290-BB · Doc. 291 · 2024-08-21 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
Case No. 22-20290-Cr-Bloom(s) 
 
 
 
 
 
UNITED STATES OF AMERICA 
 
vs. 
 
ERIC DEAN SHEPPARD, 
 
            Defendant. 
______________________________/ 
 
 
NOTICE OF FILING  
OF SUPPLEMENTAL EXHIBITS 
REGARDING RESTITUTION FOR VICTIMS 
 
 
The undersigned Assistant U.S. Attorney respectfully files this Notice of Filing of 
Supplemental Exhibits Regarding Restitution for Victims.  This Court scheduled a hearing 
regarding restitution and forfeiture for August 23, 2024.   
 
The United States is seeking restitution on behalf of the Small Business Administration 
(SBA) and Mr. Neal Cupersmith.  On July 22, 2024, through counsel, the United States 
requested that the defendant pay the amounts still owed to the SBA and Mr. Cupersmith in 
advance of the hearing.  To date, the defendant has not paid.   
 
With respect to the SBA, the United States previously provided the U.S. Probation Office 
and defense counsel with the three Certificates of Indebtedness related to the three Paycheck 
Protection Program (PPP) loans for which the SBA remains with pecuniary harm as a result of 
the defendant’s wire fraud scheme.  One is the PPP loan for which the defendant fraudulently 
obtained forgiveness, and for which the SBA paid the private lender.  The amount owed to the 
Case 1:22-cr-20290-BB   Document 291   Entered on FLSD Docket 08/21/2024   Page 1 of 3

 
 
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SBA for this loan is $155,362.40.  See Ex. 1.  The other two are PPP loans which the defendant 
paid off shortly before his original sentencing date of April 5, 2024.   With respect to these two 
loans, the SBA suffered the loss of processing fees which were paid to the private lenders as a 
result of the defendant’s wire fraud scheme.  The amounts owed to the SBA are $7,419.85 (Ex. 
2) and $7,429.55 (Ex. 3).  The total restitution owed to the SBA is $170,211.80. 
 
With respect to Mr. Cupersmith, the United States previously filed a memorandum 
supported by two exhibits.  DE 258, 258-1, and 258-2.  The United States also included a request 
for restitution for Mr. Cupersmith in its Response to the Defendant’s Objections to the PSI.  See 
DE 241 at 41-42.   
 
DE 258-1 included redacted attorney’s fees invoices related to Mr. Cupersmith’s 
response to subpoenas and participation in the government’s investigation and prosecution of this 
case.  Exhibit 4 to this filing includes a letter summarizing the attorneys’ work for each monthly 
invoice.  The United States has removed attorney travel time and court attendance time from the 
total.  The adjusted request for restitution for attorney’s fees is $113,382.    
 
Exhibit 5 is a revised version of DE 258-2, the itemization of time spent by Mr. 
Cupersmith and others at his firm while assisting the government in the investigation and 
prosecution of this case.  The revision consists of including names that were previously initials.  
The restitution requested for Mr. Cupersmith’s lost income and expenses related to the 
government’s investigation and prosecution of this case remains the same, $93,350.  The total 
restitution requested on behalf of Mr. Cupersmith is $206,732. 
 
The total restitution requested by the United States on behalf of the victims is 
$376,943.80. 
 
Case 1:22-cr-20290-BB   Document 291   Entered on FLSD Docket 08/21/2024   Page 2 of 3

 
 
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Respectfully submitted, 
 
    
MARKENZY LAPOINTE 
  
 
UNITED STATES ATTORNEY 
 
 
 
 
 
 
 
By:     s/ Ana Maria Martinez               
 
 
 
 
 
 
ANA MARIA MARTINEZ 
ASSISTANT U.S. ATTORNEY 
 
Florida Bar No.0735167 
 
 
 
 
 
 
99 N.E. 4th Street 
Miami, FL 33132 
Phone: (305) 961-9431   
Fax: (305) 536-5321   
Email: Ana.Maria.Martinez@usdoj.gov 
 
 
 
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on August 21, 2024, I electronically filed the foregoing 
document with the Clerk of the Court using CM/ECF.  I also certify that the foregoing document 
is being served this day on all counsel of record via Notices of Electronic Filing generated by 
CM/ECF.   
 
 
s/Ana Maria Martinez                        
Ana Maria Martinez        
Assistant United States Attorney 
 
 
Case 1:22-cr-20290-BB   Document 291   Entered on FLSD Docket 08/21/2024   Page 3 of 3

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