Order of Restitution — United States v. Fermin (Dkt. 73, S.D.N.Y.)

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A consent order of restitution in United States v. Mariluz Fermin, Docket No. 22 Cr. 12 (JPO), in the U.S. District Court for the Southern District of New York, filed October 5, 2023 as Document 73, on the application of the United States. Based on the defendant's conviction on Count One and the other proceedings, it orders Fermin to pay restitution in the total amount of $1,256,715, and sets out the payment terms. It is signed by the defendant and her counsel.

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Case 1:22-cr-00012-JPO Document 73 Filed 10/05/23 Page 1 of 4




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA                                      [Consent/J)>p ssftij
                                                              Order of Restitution
                v.
MARILUZ FERMIN,                                              Docket No. 22 Cr. 12 (JPO)



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

United States Attorney for the Southern District of New York, Mitzi S. Steiner, Assistant United

States Attorney, of counsel; the presentence report; the Defendant's conviction on Count One of

the above Indictment; and all other proceedings in this case, it is hereby ORDERED that:


         1.     Amount of Restitution

         MARILUZ FERMIN, the Defendant, shall pay restitution in the total amount of

$1,256,715, pursuant to 18 U.S.C. § 3663 and 3664, to the victims of the offense charged in Count

One. The names, addresses, and specific amounts owed to each victim 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 a victim, the Clerk of the 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 the following defendants in the following case(s):

Bellanilda Fermin and Juan Nolasco, 22 Cr. 12 (JPO).

                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 victim(s) identified in the Schedule of Victims,

attached hereto as Schedule A, on a pro rata basis, whereby each payment shall be distributed


2020,01.09

      Case 1:22-cr-00012-JPO Document 73 Filed 10/05/23 Page 2 of 4




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(£)(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:

       While serving the term of imprisonment, the Defendant shall make installment payments

toward her restitution obligation, and may do so through the Bureau of Prisons' (BOP) Inmate

Financial Responsibility Plan (IFRP). Pursuant to BOP policy, the BOP may establish a payment

plan by evaluating the Defendant's six-month deposit history and subtracting an amount

determined by the BOP to be used to maintain contact with family and friends. The remaining

balance may be used to determine a repayment schedule. BOP staff shall help the Defendant

develop a financial plan and shall monitor the inmate's progress in meeting her restitution

obligation. Any unpaid amount remaining upon release from prison will be paid in installments

of not less than an amount equal to a percent of the Defendant's gross income on the 1st of each

month to be determined by the Court. If the Defendant defaults on the payment schedule

set forth above, the Government may pursue other remedies to enforce the judgment.

       3.        Payment Instructions

       The Defendant shall make restitution payments by certified check, bank check, money

order, wire transfer, credit card or cash. Checks and money orders shall be made payable to the

"SDNY Clerk of the Court" and mailed or hand-delivered to: United States Courthouse, 500 Pearl

Street, New York, New York 10007 - Attention: Cashier, as required by 18 U.S.C. § 3611. The

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       Case 1:22-cr-00012-JPO Document 73 Filed 10/05/23 Page 3 of 4




Defendant shall write her name and the docket number of this case on each check or money order.

Credit card payments must be made in person at the Clerk's Office. Any cash payments shall be

hand delivered to the Clerk's Office using exact change, and shall not be mailed. For payments

by wire, the Defendant shall contact the Clerk's Office for wiring instructions.

        4.      Additional Provisions

        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

Unit) 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). If the Defendant discloses, or the Government otherwise

learns of, additional assets not known to the Government at the time of the execution of this order,

the Government may seek a Court order modifying the payment schedule consistent with the

discovery of new or additional assets.

        5.      Restitution 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.




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      Case 1:22-cr-00012-JPO Document 73 Filed 10/05/23 Page 4 of 4




        6.     Sealing

        Consistent with 18 U.S.C. §§3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal

Procedure 49 .1, to protect the privacy interests of victims, the Schedule of Victims, attached hereto

as Schedule A, shall be filed under seal, except that copies may be retained and used or disclosed

by the Government, the Clerk's Office, and the Probation Department, as need be to effect and

enforce this Order, without further order of this Court.



       AGREED AND CONSENTED TO:

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


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                                                                        5/3/23

       One Saint Andrew's Plaza                                       DATE
       New York, NY 10007
       Tel.: (212) 637 - 2284

       MARILUZ FERMIN


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       MARILUZ

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                                                                      DATE         '
       Attorney for Defendant
       31-19 Newton Avenue, Suite 500
       Astoria, NY 11102




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       HORABLEJOHNPAULOE
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                                                                      DATE
       UNITED STATES DISTRICT JUDGE


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