Court filing — S.D.N.Y. No. 7:21-cr-00440 (Dkt. 124, S.D.N.Y.)

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Case 7:21-cr-00440-NSR Document+24
USDC SDNY

DOCUMENT

NLECTRONICALLY FILED
UNITED STATES DISTRICT COURT || »,, VO He
SOUTHERN DISTRICT OF NEW YORK - a

UNITED STATES OF AMERICA
ORDER OF RESTITUTION

21 Cr. 440 (NSR)- 0 &
ANDREA AYERS,

Defendant. ;
xX

Upon the application of the United States of America, by its attorney, Damian
Williams, United States Attorney for the Southern District of New York, Assistant United States
Attorney Jeffrey C. Coffman, of counsel; defendant ANDREA AYERS’s (“Defendant’s”)
conviction on Counts One through Three of the above-referenced Indictment; the Presentence
Investigation Report; and all other proceedings in this case; and all other proceedings in this case,
and upon consideration of the factors set forth in Title 18, United States Code, Section 3664(f)(2),
it is hereby ORDERED that:
1. Amount of Restitution. ANDREA AYERS, the Defendant, shall pay restitution
in the total amount of $1,690,000 in United States currency to:
U.S. Small Business Administration/DFC
721 19" St, 3“ Floor
Room 301
Denver, CO 80202
Upon advice of a change of address, the Clerk of the Court is authorized to send payments to the
new address without further order of this Court.
2. Joint and Several Liability. Restitution shall be joint and several with co-

defendant Alicia Ayers, charged in Indictment 21 Cr. 440 (NSR), and defendant Traci Proctor,

charged in Indictment 21 Cr. 529 (NSR). Defendant’s liability for restitution shall continue
Case 7:21-cr-00440-NSR Document 124 Filed 04/26/24 Page 2 of 3

unabated until either the Defendant has paid the full amount of restitution ordered herein, or the
victim has been paid a total of $1,690,000 from all the restitution paid by the Defendant, Alicia
Ayers, and Traci Proctor.

3. 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). 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 her
restitution obligation.

Any unpaid amount remaining upon release from prison will be paid in
installments of not less than the greater of $250 or 10 percent of the defendant’s gross monthly
income, on the 15" of each month.

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

pursuant to 18 U.S.C. § 3613, to the extent warranted.
Case 7:21-cr-00440-NSR Document 124 Filed 04/26/24 Page 3of3

4, Payment Instructions. Restitution payments shall be made payable to the
"SDNY Clerk of Court" and 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's name
and the docket number of this case shall be written on each check or money order. Any cash
payments shall be hand delivered to the Clerk of Court using exact change and shall not be mailed.

For payments by wire, the Defendant shall contact the Clerk of Court for wiring Instructions.

Dated: White Plains, New York
April 2, 2024

SO ORDERED:

HONORABLE NELSON S. ROMAN

UNITED STATES DISTRICT JUDGE

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