Sentencing Adjournment — No. 7:23-cr-00662 (Dkt. 164, S.D.N.Y.)

Summary

Defense attorney Richard D. Willstatter asked Judge Cathy Seibel on January 29, 2025 to adjourn the March 13, 2025 sentencing of Howard Levy in 23 Cr. 662 (CS) in the Southern District of New York, without opposition. Under the plea agreement Levy agreed to sell three properties; one has sold, and Levy's share of the proceeds, part of more than $150,000, is to go to the U.S. Marshals Service. A footnote says the agreed forfeiture total was lowered from $801,076.67 to $785,008.27. The judge endorsed the letter on January 30, 2025, setting sentencing for May 14, 2025 and warning that further adjournments are unlikely.

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Case 7:23-cr-00662-CS Document164 _ Filed 01/30/25 Page1of1

Mr. Levy's sentencing is adjourned to 5/14/25 at 2:30
p.m. His sentencing submission is due 4/30/25, and the
Government's is due 5/7/25. Please send one hard
copy to chambers. Further adjournments are unlikely.

Green & Willstatter

ATTORNEYS AT LAW

200 MAMARONECK AVENUE #3 tf gn
SUITE 605 Whey herkek eX
CATHY S¥IBEL, U.S.D.J.

WHITE PLAINS, NEW YORK 10601

1/30/25 §Q ORDERED.

THEODORE S. GREEN (914) 948-5656
RICHARD D. WILLSTATTER FAX (914) 948-8730 E-MAIL: WILLSTATTER@MSN.COM

January 29, 2025

Hon. Cathy Seibel

United States District Court
300 Quarropas Street

White Plains, New York 10601

Re: United States v. Howard Levy
23 Cr. 662 (CS)

Dear Judge Seibel:

This is an unopposed application for a continuance of the sentencing date
currently scheduled for March 13, 2025 for sixty days or to some later date
convenient to the Court.

As part of the plea agreement, Mr. Levy agreed to sell three pieces of real
property, two of which are jointly owned by him and his ex-wife. Since the guilty
plea was entered, Mr. Levy had to evict tenants and perform costly repairs to the
properties. One of the jointly-owned properties has been sold. On January 23, 2025,
Mr. Levy received his half of the net payment. His ex-wife will hopefully provide
him with her half of the proceeds so he can send the entire amount (in excess of
$150,000) to the U.S. Marshals Service.’ The other two properties have been listed
for sale, but no offers have yet been made.

We hope, but cannot guarantee, that these properties can be sold by May
2025. In any event, Mr. Levy believes they cannot be sold by March 13, 2025. The
parties agree that it will be more efficient for Mr. Levy to sell these properties than
it would be for the government to accomplish that task after sentencing.

Very truly yours,

/s/ Richard D. Willstatter
RICHARD D. WILLSTATTER

' The ex-wife signed a proposed Consent Order of Forfeiture, but it was not entered

because the total amount of forfeiture had to be lowered from $801,076.67 to $785,008.27.

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