Supplemental Sentencing Memorandum of the United States — United States v. Asante (Dkt. 310, S.D. Ohio)

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The supplemental sentencing memorandum of the United States in United States of America v. Robert K. Asante, Case No. 2:20-CR-94(3), in the U.S. District Court for the Southern District of Ohio, before Judge Sarah D. Morrison, filed January 25, 2023 (Doc. 310). It states that at the sentencing hearing of January 3, 2023, the Court asked for more detail on how the presentence report calculated the restitution loss and the amount laundered, and continued sentencing. The parties have since agreed that, if the Court holds Asante accountable for the total amount laundered by the individuals charged in the case, the loss amount for restitution purposes would be $11,528,844.05. It is signed by Assistant United States Attorney Peter K. Glenn-Applegate.

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Case: 2:20-cr-00094-SDM Doc #: 310 Filed: 01/25/23 Page: 1 of 3 PAGEID #: 1832




                              UNITED STATES DISTRICT COURT
                               SOUTHERN DISTRICT OF OHIO
                                    EASTERN DIVISION

 UNITED STATES OF AMERICA,
                                                        CASE NO. 2:20-CR-94(3)
                 Plaintiff,
                                                        JUDGE SARAH D. MORRISON
        v.

 ROBERT K. ASANTE,                                      Supplemental Sentencing Memorandum
                                                        of the United States
                 Defendant.


       The United States hereby submits a Supplemental Sentencing Memorandum with respect

to Defendant Robert K. Asante. The Parties appeared for sentencing on January 3, 2023. At that

time, the Court requested additional detail regarding how the PSR calculated the loss amount for

restitution purposes and the amount laundered for guidelines purposes. The Court continued

sentencing and asked the Parties to try to come to an agreement about what the amounts would

be in the event that the Court were to hold Mr. Asante accountable for the total amount laundered

by the individuals charged in this case.

       Since that date, the Parties have come to an agreement on that question. The Parties agree

that, if the Court were to conclude that Mr. Asante should be held accountable for the total

amount laundered by the individuals charged in this case, the loss amount for restitution

purposes would be $11,528,844.05. The Parties further agree that, if the Court were to conclude

that Mr. Asante should be held accountable for the total amount laundered by the individuals

charged in this case, the amount laundered for guidelines purposes would be $11,724,594.05. To

be clear, Mr. Asante’s position continues to be that he should not be held accountable for these

total amounts.

  Case: 2:20-cr-00094-SDM Doc #: 310 Filed: 01/25/23 Page: 2 of 3 PAGEID #: 1833




       The amount of loss for restitution purposes is different than the amount laundered for

guidelines purposes because some wires sent from victims of romance fraud to defendants were

reversed by the banks involved in the wires. Because the funds involved in these wires were

returned to victims, Mr. Asante should not be ordered to pay restitution for the returned amounts.

       The United States has provided to the Probation Officer a victim-by-victim breakdown

that shows how loss was calculated for restitution purposes, as well as a victim-by-victim

breakdown that shows how the amount laundered was calculated for guidelines purposes. The

breakdown for restitution purposes should replace the chart in paragraph 47 of the PSR.



                                             Respectfully submitted,

                                             KENNETH L. PARKER
                                             United States Attorney


                                             s/ Peter K. Glenn-Applegate
                                             PETER K. GLENN-APPLEGATE (0088708)
                                             DAVID J. TWOMBLY (0092558)
                                             Assistant United States Attorneys
                                             303 Marconi Boulevard, Suite 200
                                             Columbus, OH 43215
                                             Phone No.: (614) 469-5715
                                             Fax No.: (614) 469-5653
                                             Email: peter.glenn-applegate@usdoj.gov
                                                     david.twombly@usdoj.gov




                                                2

  Case: 2:20-cr-00094-SDM Doc #: 310 Filed: 01/25/23 Page: 3 of 3 PAGEID #: 1834




                                CERTIFICATE OF SERVICE

       I hereby certify that a copy of the foregoing Supplemental Sentencing Memorandum of

the United States was served this 25th day of January, 2023, electronically upon counsel for the

Defendant.

                                                s/Peter K. Glenn-Applegate
                                                PETER K. GLENN-APPLEGATE (0088708)
                                                Assistant United States Attorney

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