Order of Restitution — United States v. Moshe Rosenfeld, No. 23 Cr. 65 (CM)

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An Order of Restitution in United States v. Moshe Rosenfeld, 23 Cr. 65 (CM), in the U.S. District Court for the Southern District of New York, Document 92, filed September 6, 2024. The form states that the defendant shall pay restitution in the total amount of $310,000.00 under 18 U.S.C. § 3663A to the United States Small Business Administration, and that restitution is not joint and several with other defendants. It sets installment payments of at least 10 percent of the defendant's gross income, payable on the 1st of each month, upon release from prison. It also covers payment instructions, notice of changes in circumstances within 30 days, and a term of liability that ends on the later of 20 years from the entry of judgment or 20 years after release from imprisonment.

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       Case 1:23-cr-00065-CM              Document 92      Filed 09/06/24      Page 1 of 3




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK


UNITED STATES OF AMERICA                                     [Pt opescd]
                                                             Order of Restitution
               V.


MOSHE ROSENFELD,                                             S 1 23 Cr. 65 (CM)

               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, Emily Deininger, Assistant United

States Attorney, of counsel; the presentence investigation report; the defendant's conviction on

Count One of the Information; and all other proceedings in this case, it is hereby ORDERED that:


       1.      Amount of Restitution

       MOSHE ROSENFELD, the defendant, shall pay restitution in the total amount of

$310,000.00 pursuant to 18 U.S.C. § 3663A, to the United States Small Business Administration.

Upon advice by the United States Attorney's Office of a change of address of a victim, the Clerk

of Court is authorized to send payments to the new address without further order of this Court.

       Restitution is not joint and several with other defendants or with others not named herein.

       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:
          Case 1:23-cr-00065-CM            Document 92         Filed 09/06/24        Page 2 of 3




          In the interest of justice, restitution will be payable in installments pursuant to 18 U.S.C.

§ 3572(d)(l) and (2). The defendant will commence monthly installment payments of at least 10

percent of the defendant's gross income, payable on the 1st of each month, upon release from

prison.

          This schedule is without prejudice to the Government taking enforcement actions,

pursuant to 18 U. S.C. § 3613, to the extent warranted.

3.        Payment Instructions
          The defendant shall make restitution payments by certified check, money order, or online.

Instructions for online criminal debt payments are available on the Clerk of Court' s website at

https://nysd.uscourts.gov/payment-information#PaymentofCrimina!Debt. Checks and money

orders shall be made payable to the " SDNY Clerk of Court" and mailed or 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/her name and the docket number of this case

on each check or money order.

          4.      Change in Circumstances

          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

Program) 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).

          5.      Term of 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

2023.2.16                                            2
                    Case 1:23-cr-00065-CM             Document 92            Filed 09/06/24   Page 3 of 3
•   -   !




            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.




                               ~
                    HONORABLE COLLEEN MCMAHON
                    UNITED STATES DISTRICT JUDGE




            2023.2.16                                           3


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