Consent Order of Restitution — United States v. Palomino (Dkt. 82, S.D.N.Y.)

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A consent order of restitution in United States v. Aldo Palomino, Jr., No. 7:24-cr-00297-NSR, in the U.S. District Court for the Southern District of New York, filed September 6, 2024 as Document 82. Entered on the application of U.S. Attorney Damian Williams through Assistant U.S. Attorney Kevin Sullivan, it is based on the presentence report and the defendant's conviction on Count One of the Information. It orders the defendant to pay restitution of $50,000 under 18 U.S.C. § 3663A to the victim of the offense in Count One, with the victims and amounts listed in a separate Schedule of Victims. The order is signed by defense counsel Jessica Gorman of Lebedin Kofman, LLP and so ordered by Judge Nelson S. Roman.

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Case 7:24-cr-00297-NSR        Document 82       Filed 09/06/24    Page1of4

                                                                    -             fom   Go yee

UNITED STATES DISTRICT COURT                                         DOCUMENT
SOUTHERN DISTRICT OF NEW YORK                                        ELECTRONICALLY FILED |
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UNITED STATES OF AMERICA                                           j    DATE PILED: {|              4
                                                     CONSENT ORDER OF
              ~v.-                                   RESTITUTION

ALDO PALOMINO, JR.,                                  24cr. 24-7 (NSO)

                   Defendant.

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

United States Attorney for the Southern District of New York, Kevin Sullivan, Assistant United

States Attorney, of counsel; the presentence investigation report; the defendant’s conviction on

Counts One of the Information; and all other proceedings in this case, it is hereby ORDERED that:

       1.     Amount of Restitution

       ALDO PALOMINO, JR. (the “defendant”) shall pay restitution in the total amount of

$50,000, pursuant to 18 U.S.C. § 3663A, to the victim of the offense charged in Count One. The

name, address, and specific amounts owed to the victims 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 victim, the Clerk of Court is authorized to send payments to the new address without

further order of this Court.

              A.     Joint and Several Liability

       Restitution is joint and several with any amount ordered for defendants Yohauris

Rodriguez Hernandez and Henry Fermin, Jr. in United States v. Rodriguez Hernandez, et al., 22

Cr. 119 (PMH) (S.D.N.Y.), and Rafael Grullon in United States v. Grullon, 24 Cr. 187 (CS)

(S.D.N.Y.), up to $50,000. The defendant’s liability to pay restitution shall continue unabated

Case 7:24-cr-00297-NSR Document 82 Filed 09/06/24 Page 2of4

until either the defendant has paid the full amount of restitution ordered herein, or the victims in
Schedule A have recovered the total amount of loss from the restitution paid by the defendant and
all other defendants ordered to pay the same victims.

B. Apportionment Among Victims

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.

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). Beginning 30 days after his release from prison, if a term of imprisonment
is imposed, or upon the start of serving any non-incarceratory sentence, the defendant will
commence monthly installment payments of at least five percent of the defendant’s gross
income, payable on the 15th of each month.

This schedule is without prejudice to the Government taking enforcement actions,

pursuant to 18 U.S.C. § 3613, to the extent warranted.

2023.2.16 2


Case 7:24-cr-00297-NSR Document 82 Filed 09/06/24 Page 3of4

3. Payment Instructions

The defendant shall make restitution payments by certified check, money order, or online.
Instructions for online criminal debt payments are available on the Clerk of Court’s website at

https://nysd.uscourts.gov/payment-information#PaymentofCriminalDebt. Checks and money

orders shall be made payable to the “SDNY Clerk of Court” and mailed or delivered to: United
States Courthouse, 500 Pearl 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.

4. Change in Circumstances

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
Program) 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).

5. -Term of 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
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.

(continued on next page)

2023.2.16 3


Case 7:24-cr-00297-NSR Document 82

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney for the
Southern District of New York,

X
KEVIN SULLIVAN

Assistant United States Attorney
One St. Andrew’s Plaza

New York, NY 10007

(212) 637-1587

By:

ALDO PALOMING,JR.

AV/DO PALOMINO, JR.
Defendant

| AO 5
By:

JESSICA GORMAN, ESQ.
Lebedin Kofman, LLP

600 Old Country Road, Suite 205
Garden City, NY 11530

Attorney for the Defendant

SO ORDERED:

HONORABLE NELSON-S-ROMAN
ITED-STATES DISTRICT JUDGE

2023.2.16 4

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