Stipulation and [Proposed] Order re: Restitution — United States v. Leung (Dkt. 45, N.D. Cal.)

Summary

A stipulation and [proposed] order regarding restitution in United States v. David Tai Leung, Case No. 22-CR-329 CRB, in the U.S. District Court for the Northern District of California, filed June 7, 2024 as Document 45 and submitted by Assistant U.S. Attorney Ivana Djak with the defendant. It states that Leung pleaded guilty on February 28, 2024 to three counts of wire fraud under 18 U.S.C. § 1343 and that at sentencing on June 7, 2024 he was ordered to serve 23 months in custody. Citing the mandatory restitution statute, the parties ask the court to order restitution of $247,144.06 to East West Bank and $3,112,557.22 to the Small Business Administration. The proposed order is for signature by Judge Charles R. Breyer.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Record facts

Full text

Case 3:22-cr-00329-CRB Document 45 Filed 06/07/24 Page 1 of 4




 1 ISMAIL J. RAMSEY (CABN 189820)
   United States Attorney
 2
   MARTHA BOERSCH (CABN 126569)
 3 Chief, Criminal Division

 4 IVANA DJAK (NYBN 5516687)
   Assistant United States Attorney
 5
          1301 Clay Street, Suite 340S
 6        Oakland, California 94612
          Telephone: (510) 637-3918
 7        FAX: (510) 637-3724
          ivana.djak@usdoj.gov
 8
   Attorneys for Defendants
 9
                                   UNITED STATES DISTRICT COURT
10
                                 NORTHERN DISTRICT OF CALIFORNIA
11
                                        OAKLAND DIVISION
12
   UNITED STATES OF AMERICA,                  ) CASE NO. 22-CR-329 CRB
13                                            )
          Plaintiff,                          ) STIPULATION AND [PROPOSED] ORDER RE:
14                                            ) RESTITUTION
      v.                                      )
15                                            )
   DAVID TAI LEUNG,                           )
16                                            )
          Defendant.                          )
17                                            )

18
             The United States and defendant DAVID TAI LEUNG (“Defendant”), by and through their
19
     counsel of record, hereby stipulate as follows:
20
             1.       On February 28, 2024, Defendant pleaded guilty to three counts of wire fraud, in
21
     violation of 18 U.S.C. § 1343.
22
             2.       At the sentencing hearing on June 7, 2024 the Court ordered Defendant to serve ……
23
     months in custody, plus ……. years of supervised release.
24
             3.       Restitution is mandatory to victims of fraud pursuant to 18 U.S.C. §§ 3663A (MVRA).
25
     Specifically, the law provides that a court “shall order . . . restitution” and that this restitution order
26
     “shall order restitution to each victim” through the appropriate court mechanism “in the full amount of
27
     the victim’s losses as determined by the court and without consideration of the economic circumstances
28

     STIPULATION AND ORDER RE: RESTITUTION
     22-CR-329 CRB

                 Case 3:22-cr-00329-CRB Document 45 Filed 06/07/24 Page 2 of 4




 1 of the defendant.” 18 U.S.C. § 3664(f)(1)(A).

 2          4.       To conserve judicial resources, to bring about a speedy resolution of this matter, and to

 3 avoid further litigation, the parties agree and jointly request that the Court, upon approval of this

 4 Stipulation, may enter a Judgment to order restitution to the individuals and/or entities in the amounts as

 5 set forth below:

 6                a. $247,144.06 in total to East West Bank.

 7                b. $3,112,557.22 in total to the Small Business Administration (SBA).

 8 The parties stipulate that the above individuals and/or entities qualify as “victims” under the statutes

 9 cited in paragraph 3, supra. The United States shall furnish the Clerk’s Office with physical address

10 information for each individual and/or entity.

11          5.       Consistent with 18 U.S.C. § 3664(i), victim East West Bank shall receive full payment of

12 restitution before the SBA receives any payment of restitution.

13          6.       The parties agree that the full amount of special assessment, fine, and restitution is due in

14 accordance with 18 U.S.C. § 3572(d) and in accordance with the parties’ plea agreement.

15          7.       The parties further agree to the following payment schedule:

16                a. During imprisonment, payment of criminal monetary penalties is due at the rate of not

17                   less than $25 per quarter and payment shall be through the Bureau of Prisons’ Inmate

18                   Financial Responsibility Program.

19                b. Once Defendant is on supervised release, Defendant shall pay restitution in monthly

20                   payments of not less than $250 or at least 10% of earnings, whichever is greater, to

21                   commence no later than 60 days from placement on supervision.

22          8.       Notwithstanding any payment schedule set by the court, the United States Attorney’s

23 Office may pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and

24 3664(m). The restitution payments shall be made to the Clerk of U.S. District Court, Attention: Finance

25 Unit, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102.

26          9.       For the reasons stated at the sentencing hearing, Defendant contends he does not have the

27 ability to pay interest and requests that the Court waive the requirement for interest. See 18 U.S.C.

28 § 3612(f)(3). The government does not have additional information on the Defendant’s ability to pay,

     STIPULATION AND ORDER RE: RESTITUTION
     22-CR-329 CRB

              Case 3:22-cr-00329-CRB Document 45 Filed 06/07/24 Page 3 of 4




 1 takes no position on Defendant’s request, and defers the issue to the Court.

 2          10.    The parties request that the Court order restitution payable to the individuals and/or

 3 entities identified and the terms outlined above.

 4                                                       SO STIPULATED.

 5

 6 DATED: June 7, 2024
                                                         ISMAIL J. RAMSEY
 7                                                       United States Attorney
 8                                                           /s/
 9                                                       IVANA DJAK
                                                         Assistant United States Attorney
10

11
     DATED: June 7, 2024
12                                                             /s/
13                                                       CANDICE L. FIELDS
                                                         Attorney for Defendant DAVID TAI LEUNG
14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

     STIPULATION AND ORDER RE: RESTITUTION
     22-CR-329 CRB

              Case 3:22-cr-00329-CRB Document 45 Filed 06/07/24 Page 4 of 4




 1                                           [PROPOSED] ORDER

 2          DAVID TAI LEUNG will pay a total of $3,359,701.28 in restitution, in the amounts specified to

 3 the individuals and/or entities specified as follows:

 4              a. $247,144.06 in total to East West Bank.

 5              b. $3,112,557.22 in total to the Small Business Administration (SBA).

 6          The above individuals/entities qualify as victims pursuant to 18 U.S.C. §§ 3663A.

 7          The full amount of special assessment, fine, and restitution is due in accordance with 18 U.S.C.

 8 § 3572(d). During imprisonment, payment of criminal monetary penalties is due at the rate of not less

 9 than $25 per quarter and payment shall be through the Bureau of Prisons’ Inmate Financial

10 Responsibility Program. Once Defendant is on supervised release, Defendant shall pay restitution in

11 monthly payments of not less than $250 or at least 10% of earnings, whichever is greater, to commence

12 no later than 60 days from placement on supervision.

13          Notwithstanding any payment schedule set by the court, the United States Attorney’s Office may

14 pursue collection through all available means in accordance with 18 U.S.C. §§ 3613 and 3664(m). The

15 criminal monetary penalty payments shall be made to the Clerk of U.S. District Court, Attention:

16 Finance Unit, 450 Golden Gate Ave., Box 36060, San Francisco, CA 94102.

17          [FOR THE COURT’S JUDGMENT: The Court finds that Defendant does not have the ability

18 to pay interest and orders that interest be waived. See 18 U.S.C. § 3612(f)(3).]

19          IT IS SO ORDERED.

20

21 DATE: June 7, 2024
        ________________________

22

23                                                           HON. CHARLES R. BREYER
                                                             UNITED STATES DISTRICT JUDGE
24

25

26

27

28

     STIPULATION AND ORDER RE: RESTITUTION
     22-CR-329 CRB

File and source

File

45.pdf

Size

142,371 bytes

SHA-256

3ad3456ad1975151a0642b7e18f9007082b6d0824f1b75fdef7ae560d34af7ea

Our copy

45.pdf