Consent Proposed Order of Restitution — Marcus Frazier, 21 Cr. 649 (VEC) (Dkt. 34, S.D.N.Y.)

Summary

In this consent proposed order of restitution, filed 07/19/22 in United States v. Marcus Frazier, 21 Cr. 649 (VEC), in the Southern District of New York, Frazier is to pay $1,431,784.83 in restitution under 18 U.S.C. § 3663A to the victims of Counts One and Two, who are listed in a Schedule of Victims filed under seal. During any prison term Frazier is to make installment payments, which may go through the Bureau of Prisons' Inmate Financial Responsibility Plan; any unpaid amount after release is due in monthly installments of $250. Payments go to the SDNY Clerk of the Court. The liability ends 20 years from the entry of judgment or 20 years after release from imprisonment, whichever is later. The order was submitted by Assistant United States Attorney Katherine Reilly and agreed to by Frazier and counsel from Federal Defenders of New York.

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Case 1:21-cr-00649-VEC Document 34 Filed 07/19/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

: CONSENT

UNITED STATES OF AMERICA : PROPOSED ORDER OF
: RESTITUTION

-V.-
MARCUS FRAZIER, Z 21 Cr. 649 (VEC)
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, Katherine Reilly, Assistant United
States Attorney, of counsel; the presentence report; the Defendant’s conviction on Counts One
and Two of the above Information; and all other proceedings in this case, it is hereby ORDERED
that:

1. Amount of Restitution

Marcus Frazier, the Defendant, shall pay restitution in the total amount of $1,431,784.83,
pursuant to 18 U.S.C. § 3663A (MVRA), to the victims of the offenses charged in Counts One and
Two. The names, addresses, and specific amounts owed to the victims are set forth in the attached
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.

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;

2020.01.09
Case 1:21-cr-00649-VEC Document 34 Filed 07/19/22 Page 2 of 4

including obligations to dependents, the Defendant shall pay restitution in the manner and
according to the schedule that follows:

In the interest of justice, restitution shall be payable in installments pursuant to 18 U.S.C.
§ 3572(d)(1) and (2). While serving any term of imprisonment imposed, the Defendant shall
make installment payments toward his restitution obligation, and may do so through the Bureau
of Prisons’ (BOP) Inmate Financial Responsibility Plan JFRP). 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—or the full
amount of restitution, should no term of imprisonment be imposed—shall be paid in monthly
installments of $250, payable on the 1“ of each month. The Defendant shall pay interest on any
restitution amount of more than $2,500, unless restitution is paid in full before the 15" day after
the date of the judgement. If the Defendant defaults on the payment schedule set forth above, the

Government may pursue other remedies to enforce the judgment.

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 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
Case 1:21-cr-00649-VEC Document 34 Filed 07/19/22 Page 3 of 4

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.

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 attached Schedule of Victims shall

be filed under seal, except that copies may be retained and used or disclosed by the Government,
Case 1:21-cr-00649-VEC Document 34 Filed 07/19/22 Page 4 of 4

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:

Katherine C. Reifly

Assistant United States Attorney
One Saint Andrew’s Plaza

New York, New York 10007
Tel.: (212) 637 — 6521

MARCUS FRAZIER

By: Mon LD

MARCUS FRAZIER

Andrew J. alack, Esq.

Federal Defenders of New York, Inc.

52 Duane Street, 10" Floor
New York, New York 10007
Tel.: (212) 417-8768

SO ORDERED:

HONORABLE VALE RIE E. CAPRONI
UNITED STATES ernie JUDGE

DATE

7 Isle.

DATE

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