Supplemental Sentencing Memorandum — United States v. Bella (Dkt. 70, W.D.N.Y.)

Summary

The government's supplemental sentencing memorandum in United States v. Joseph Bella, 20-CR-104-A and 21-CR-31-A, in the U.S. District Court for the Western District of New York, filed March 6, 2023 as Document 70. It argues that the § 3553(a) factors support a sentence at the high end of the guidelines, stressing that Bella committed the conduct in the fraud indictment while on pretrial release in the drug and gun case. It states that in the summer of 2020 he fraudulently obtained an Economic Injury Disaster Loan and diverted nearly $150,000, and disputes his claim at the March 1, 2023 sentencing hearing that he was trying to help others during the pandemic.

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Case 1:21-cr-00031-RJA-MJR Document 70 Filed 03/06/23 Page 1 of 2




IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA,

              v.                                                 20-CR-104-A
                                                                 21-CR-31-A

JOSEPH BELLA,

                     Defendant.




                   SUPPLEMENTAL SENTENCING MEMORANDUM



The Factors Under § 3553(a) Support a Sentence at the High End of the Guidelines


       Actions speak louder than words. The defendant’s actions, as outlined in the factual

basis of the revised Presentence Investigation Report (Dkt. 93) and in the government’s initial

sentencing memorandum (Dkt. 90), paint a clear picture for the Court. Arguably the most

compelling factor for this Court to consider is the defendant’s commission of the conduct

underlying the Fraud Indictment (21-CR-31-A) while the defendant was already indicted for

the Drug and Gun Indictment (20-CR-104-A) and on pre-trial release. The defendant

brazenly engaged in this activity after the Court had taken a chance on him, releasing him

despite the government’s motion for detention.

      Case 1:21-cr-00031-RJA-MJR Document 70 Filed 03/06/23 Page 2 of 2




       Another compelling factor for the Court to consider is the fact that the defendant chose

to steal money that was designated to assist people suffering from the pandemic. During the

March 1, 2023, sentencing hearing, the defendant and his counsel repeatedly represented to

this Court that the defendant was a person genuinely trying to assist others during the

pandemic. That self-serving claim is directly contradicted by the defendant’s conduct during

the summer of 2020, when the defendant fraudulently obtained an Economic Injury Disaster

Loan (EIDL) and diverted nearly $150,000 away from legitimate businesses suffering the

effects of the pandemic and into his own pockets. The guidelines do not take into account

the aggravating nature of this conduct.



                                      CONCLUSION

       For the reasons set forth above, and in the government’s sentencing memorandum

(Dkt. 90) and in the revised Pre-Sentence Investigation Report (Dkt. 93), the Court should

impose a sentence at the high end of the guidelines range.



       DATED: Buffalo, New York, March 6, 2023.


                                           TRINI E. ROSS
                                           United States Attorney


                                    BY:    s/NICHOLAS T. COOPER
                                           Assistant United States Attorney
                                           United States Attorney=s Office
                                           Western District of New York
                                           138 Delaware Avenue
                                           Buffalo, New York 14202
                                           716/843-5830
                                           Nicholas.Cooper@usdoj.gov



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