Consent Order of Restitution — United States v. Juan Carlos Castro Gonzalez (No. 1:22-cr-00210, S.D.N.Y.)

Summary

A Consent Order of Restitution in United States v. Juan Carlos Castro Gonzalez, Docket No. 22 CR. 210 (PAE), in the United States District Court for the Southern District of New York, entered on the application of United States Attorney Damian Williams and Assistant United States Attorneys Danielle M. Kudla and Olga I. Zverovich. The defendant is ordered to pay restitution of $574,202.01 under 18 U.S.C. § 3663A to the victims of the offense charged in Count One, paid pro rata to the victims in Schedule A. Payments during imprisonment may run through the Inmate Financial Responsibility Plan, and any unpaid amount after release is due at 15% percent of gross income each month. Liability ends at the later of 20 years from judgment or from release, and the Schedule of Victims is to be filed under seal to protect the privacy interests of victims.

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     Case 1:22-cr-00210-PAE Document 28 Filed 01/03/23 Page 1 of 5




UNITED STATES DISTRJCT COURT
SOUTHERN DISTRICT OF NEW YORK


UNITED STATES OF AMERJCA
                                                       Consent Order of Restitution

               v.                                      Docket No. 22 CR. 210 (PAE)

JUAN CARLOS CASTRO GONZALEZ,

                              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 and Olga I.

Zverovich, Assistant United States Attorneys, of counsel; the presentence report; the Defendant's

conviction on Count One of the above Information; and all other proceedings in this case, it is

hereby ORDERED that:


        1.     Amount of Restitution

        JUAN CARLOS CASTRO GONZALEZ, the Defendant, shall pay restitution in the total

amount of $574,202.01, pursuant to 18 U.S.C. § 3663A, to the victims of the offense charged in

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

victims 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.

        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,

<'.ttached hereto as Schedule A, on a pro rata basis, whereby each payment shall be distributed



2020.01.09
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proportionally to each victim based upon the amount ofloss 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 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 15% percent of the Defendant's gross income on the 1st 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

"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 ofthis 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
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      Case 1:22-cr-00210-PAE Document 28 Filed 01/03/23 Page 3 of 5




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 Provjsions

        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 Ch<'.lllbers 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 ofjudgment 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.


        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


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     Case 1:22-cr-00210-PAE Document 28 Filed 01/03/23 Page 4 of 5




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:      Isl                                                         0910612022
             Danielle M. Kudla                                              DATE
             Olga I. Zverovich
             One Saint Andrew's Plaza
             New York, NY 10007
             Tel.: (212) 637 -230412514
                                              ""T-Llexn O--eu---/0..5
       By: 5 I /Joh     l .A 1 s,:s t) .-fur- a(}L /_) ht  q
                                                           M1..o.LJ ,2.._
          WAN ARLOS CASTRO GONZALEZ




                   sso, ..
               19 Newton Ave.
             Queens, NY 11102


       SO ORDERED:

               &wJA, A.E
       HONORABLE PAUL
                      C,t.,GELYER
                                                                              l /Jy /)
                                                                            DATE
       UNITED STATES DISTRICT mDGE




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    EXHIBIT A – SEALED SCHEDULE OF VICTIMS


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