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Home Source documents Court filing — United States v. Alvin Maxwell (Dkt. 308, S.D.N.Y.)

Court filing — United States v. Alvin Maxwell (Dkt. 308, S.D.N.Y.)

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        Case 1:21-cr-00247-PAE         Document 308        Filed 06/15/26      Page 1 of 5




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________
UNITED STATES OF AMERICA                               Amended Order of Restitution
            v.

ALVIN MAXWELL,                                            21-CR-247-04 (PAE)

            Defendant.
__________________________________

        Upon the application of the United States of America, by its attorney, Jay Clayton,

United States Attorney for the Southern District of New York, Dina McLeod, 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

        ALVIN MAXWELL, the Defendant, shall pay restitution in the total amount of

$1,696,534.63, pursuant to 18 U.S.C. § 3663A (MVRA), 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.

        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,

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.




2020.01.09
       Case 1:21-cr-00247-PAE           Document 308         Filed 06/15/26      Page 2 of 5




               A.      Joint and Several Liability

        Restitution is joint and several with the following defendants in the following cases:

Mackenzy Toussaint, United States v. Toussaint, 21 Cr. 247 (PAE) and Amos Mundendi, United

States v. Mundendi, 21 Cr. 247 (PAE). The Defendant’s liability to pay for restitution shall

continue unabated until either the defendant has paid the full amount of restitution ordered herein,

or the victim has been paid the total amount of its loss from all the restitution paid by the Defendant

and co-defendants who owe the same victim in the related cases.

       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). 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

monthly installment payments of no less than ten percent of the Defendant’s gross income, payable

on the fifteenth of each month.

                                                  2
       Case 1:21-cr-00247-PAE            Document 308       Filed 06/15/26      Page 3 of 5




       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#PaymentofCriminalDebt. 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 name and the docket number of this

case on each check or money order.

       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.

       Pursuant to 18 U.S.C. § 3664(j)(2), the Defendant is entitled to credit for any amount

recovered by a victim for the same loss amounts listed in Schedule A, including payments made

by borrowers to lenders on the fraudulent loans upon notice from the Defendant to the United

States Attorney’s Office, 86 Chambers Street, 3rd Floor, New York, New York 10007 (Attn:

Financial Litigation Unit) to confirm loan payments received by the victim as needed to adjust the

restitution amount for such victim(s) accordingly.
                                                 3
       Case 1:21-cr-00247-PAE             Document 308           Filed 06/15/26   Page 4 of 5




        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.




        SO ORDERED:

              
        ___________________________________
        HONORABLE PAUL A. ENGELMAYER
                                                                         _____________
                                                                           6/15/2026
                                                                         DATE
        UNITED STATES DISTRICT JUDGE




                                                    4
     Case 1:21-cr-00247-PAE        Document 308       Filed 06/15/26     Page 5 of 5




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA                                               Schedule of Victims

             v.                                                        21-CR-247-04 (PAE)

ALVIN MAXWELL,


                  Defendant.




          Name                              Address               Amount of Restitution
SBA/DFC                        721 19th Street                       $1,696,534.63
Memo section of check:         3rd Floor, Room 301
“Loan Number 7354887903 –      Denver, CO 80202
Restitution – Big Shot LLC”
Total                                                                   $1,696,534.63




                                           5


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