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Home Source documents Court filing — S.D.N.Y. No. 1:21-cr-00403 (Dkt. 98, S.D.N.Y.)

Court filing — S.D.N.Y. No. 1:21-cr-00403 (Dkt. 98, S.D.N.Y.)

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Case 1:21-cr-00403-VEC Document 98 Filed 07/20/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA
Order of Restitution

Vv.
VICTORIA HO,
The Defendant. Docket No. 21 Cr. 403 (VEC)

Upon the application of the United States of America, by its attorney, Damian Williams,
United States Attorney for the Southern District of New York, Sagar K. Ravi, Assistant United
States Attorney, of counsel; the presentence report; the Defendant’s conviction on Count Three

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

1. Amount of Restitution

Victoria Ho, the Defendant, shall pay restitution in the total amount of $1,370,495.99,
pursuant to 18 U.S.C. § 3663 and 18 U.S.C. § 3663A, to the victims of the offense charged in
Count Three. The names, addresses, and specific amounts owed to each victim are set forth in the
Schedule of Victims, attached hereto as Schedule A. 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 is joint and several with the following defendants in the following case: Peter
Nguyen and Dat Tat Ho, 20 Cr. 486 (JS) (EDNY).

B. Apportionment Among Victims

Pursuant to 18 U.S.C. § 3664), 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,

2020.01,09
Case 1:21-cr-00403-VEC Document 98 Filed 07/20/22 Page 2 of 4

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: In the interest of justice, restitution shall be payable in
installments pursuant to 18 U.S.C. § 3572(d)(1) and (2). The Defendant shall commence monthly
installment payments in an amount equal to ten percent (10%) of the Defendant’s gross income,
payable on the first of each month, upon release from prison.

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 Pear!
Street, New York, New York 10007 - Attention: Cashier, as required by 18 U.S.C. § 3611. The
Defendant shall write her 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

2
Case 1:21-cr-00403-VEC Document 98 Filed 07/20/22 Page 3 of 4

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). Ifthe 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 Schedule of Victims, attached hereto

as Schedule A, shall be filed under seal, except that copies may be retained and used or disclosed
Case 1:21-cr-00403-VEC Document 98 Filed 07/20/22 Page 4 of 4

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.

SO ORDERED:
HONORABLE VAWERIE E. CAPRONI DATE

UNITED STATES DISTRICT JUDGE

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