Court filing
Letter from Susan R. Necheles to Judge Colleen McMahon, November 20, 2023 — United States v. Zigelman (Dkt. 71, S.D.N.Y.)
Summary
A letter dated November 20, 2023 from Susan R. Necheles of Necheles Law, LLP to Judge Colleen McMahon of the U.S. District Court for the Southern District of New York in United States v. Zvi Zigelman, 23-cr-65, filed November 21, 2023 as Document 71. It asks for an 8-10 week adjournment of Zigelman's sentencing for PPP and EIDL loan fraud, then set for December 7, so that a property sale can close and pay all, or substantially all, of a $1,033,700 restitution obligation. The letter says the assigned AUSA does not object to a 2-3 week adjournment but objects to any longer one. In the alternative it asks to move the deadline for the defense sentencing submission, due on Thanksgiving, to Monday, November 27, which the government does not oppose.
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Filed November 21, 2023 in Zvi Zigelman; one of 12 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of New York |
|---|---|
| Filed | 2023-11-21 |
Cite this document
“Letter from Susan R. Necheles to Judge Colleen McMahon, November 20, 2023 — United States v. Zigelman (Dkt. 71, S.D.N.Y.).”
U.S. District Court for the Southern District of New York, No. 1:23-cr-00065, Doc. 71, filed 2023-11-21. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-zvi-zigelman/2023-11-21-letter-from-susan-r-necheles-to-judge-colleen-mcmahon-novemb-dkt-71/
, SHA-256 fd420e3e41879e17053764472618c99b1f801ba989c1cca2ead5ee9733273849.Full text
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Case 1:23-cr-00065-CM Document 71 Filed 11/21/23 Page 1 of 2
Necheles Law, LLP
1120 Avenue of the Americas Gedalia M. Stern
New Yor~, NY 10036 gstern@necheleslaw.com
212-997-7400
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Hon. Colleen McMahon
United States District Court
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Re: United States. v. Zvi Zigelman, 23-cr-65
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Dear Judge McMahon:
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We write to respectfully request an 8-10 week adjournment of Mr. Zigelman's
sentencing, so as to allow him the time to finalize the sale of a property which we expect will
allow him to pay all, or substantially all, of his $1,033,700, restitution obligation.
Mr. Zigelman is currently scheduled to be sentenced for PPP and EIDL loan fraud on
December 7. The total amount he received as a result of his crime, and thus the amount he owes
the government, is $1,033,700. Over the last few months, Mr. Zigelman has worked to raise the
money to pay his restitution obligation. In particular, he plans on selling a property he owns and
using the proceeds to pay back the government, hopefully in full. He expects to sign a contract to
sell the property within the next 2-3 weeks and to close shortly thereafter. (The expected buyer
does not expect to seek a mortgage from a bank and so the closing hopefully will happen shortly
after the contract is signed).
For this reason, we respectfully request an 8-10 week adjournment to allow sufficient
time for the sale to close and Mr. Zigelman to pay back the government. See generally 18 U.S.C
3553(a)(7) ("The court, in determining the particular sentence to be imposed, shall consider ...
the need to provide restitution to any victims of the offense). And while we are optimistic that
the sale will close in less than ten weeks, we seek the 8-10 week adjournment in an abundance
of caution as to avoid the need to possibly seek an additional adjournment in a few weeks' time.
I have spoken to the assigned AUSA and she informed me that while the government
does not object to a 2-3 week adjournment, she does object to any longer adjournment.
In the alternative, if the Court denies this motion, we respectfully request an adjournment
of the deadline for the defense sentencing submission, currently due on Thanksgiving, until
Monday, November 27. The government graciously informed me that it has no objection to this
request.
USDCSDNY
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Case 1:23-cr-00065-CM Document 71 Filed 11/21/23 Page 2 of 2
Necheles Law, LLP
Respectfully submitted,
/s/
Susan R. Necheles
Gedalia M. Stem
Cc: AUSA Emily Deininger (via ECF)
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- gov.uscourts.nysd.593470.71.0.pdf
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