Consent Order of Restitution — United States v. Gomez (Dkt. 58, S.D.N.Y.)

Summary

A consent order of restitution in United States of America v. Vanessa Gomez, Docket No. 21 CR. 245 (ER), in the U.S. District Court for the Southern District of New York, filed May 11, 2022. On the application of the United States Attorney and following Gomez's conviction on Counts One and Two, the order directs the defendant to pay restitution of $1,483,622 under 18 U.S.C. § 3663A to the victim listed in Schedule A. It makes the restitution joint and several with co-defendant Elvin German and, under 18 U.S.C. § 3664(i), provides that nonfederal victims are paid before the United States. It sets out the terms of payment and is agreed to by Assistant United States Attorney Danielle M. Kudla, the defendant and attorney Thomas H. Nooter, and so ordered by Judge Edgardo Ramos.

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

Text recognized from a scanned document; may contain errors.

Case 1:21-cr-00245-ER Document 58 Filed 05/11/22 Page 1 of 4

                                                     USDC SDNY
                                                     DOCUMENT
UNITED STATES DISTRICT COURT                         ELECTRONICALLY FILED
SOUTHERN DISTRICT OF NEW YORK                        DOCH                 a            |

UNITED STATES OF AMERICA
                                                Consent Order of Restitution

              V.                                Docket No, 21 CR. 245 (ER)

VANESSA GOMEZ,

                           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, Danielle M. Kudla, Assistant United

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

Count Two of the above Indictment; and all other proceedings in this case, it is hereby ORDERED

that:

       1.    Amount of Restitution

       VANESSA GOMEZ, the Defendant, shall pay restitution in the total amount of

$1,483,622, pursuant to 18 U.S.C. § 3663A, to the victim of the offense charged in Counts One

and Two, attached hereto as Schedule A. The name, address, and specific amount owed to the

victim are set forth in the Schedule of Victims. 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 in the amount of $1,483,622 is joint and several with co-defendant ELVIN

GERMAN.

2020.01.09

Case 1:21-cr-00245-ER Document 58 Filed 05/11/22 Page 2 of 4

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:

While serving the term of imprisonment, the Defendant shall make installment payments
toward his 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 his restitution
obligation. Any unpaid amount remaining upon release from prison will be paid in an amount
equal to 5% percent of the Defendant’s gross income on the Ist of each month.

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

2


Case 1:21-cr-00245-ER Document 58 Filed 05/11/22 Page 3 of 4

“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
Defendant shall write his 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.


Case 1:21-cr-00245-ER Document 58 Filed 05/11/22 Page 4of4

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

By: __/s/ 04/26/2022

Danielle M. Kudla DATE

One Saint Andrew’s Plaza

New York, NY 10007
Tel.: (212) 637 — 2304

By: Viner a U jorbo.

VANESSA GOMEZ] [) DATE
HK on On
Thomas H. Nooter, = DATE '

75 Maiden Lane, Suite 503
New York, NY 10038

SO ORDERED:
As s[ulwer
HONORABLE EDGARDO RAMOS DATE

UNITED STATES DISTRICT JUDGE

File and source

File

58.pdf

Size

195,436 bytes

SHA-256

2c677e28e83fccf41ce4c6bc2379993edba08484b0631a97854014b25ffa133f

Our copy

58.pdf