Order of Restitution — United States v. Apocalypse Bella (Southern District of New York, Document 247)

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Order of Restitution, Document 247, filed 03/10/23, in Case 1:21-cr-00247-PAE, Docket No. S4 21 Cr. 247 (PAE), following the conviction of Apocalypse Bella on Count One of the Information. It orders restitution of $4,088,084.42, of which Bella shall pay $3,969,014 to Kabbage, Inc. and $119,070.42 to the Small Business Administration, in relation to PPP loans. Restitution is joint and several with Mackenzy Toussaint, Amos Mundendi, and Dennis Beach. Any unpaid amount remaining upon release from prison is payable in monthly installments of no less than ten percent of the Defendant's gross income, on the fifteenth of each month.

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             Case 1:21-cr-00247-PAE Document 247 Filed 03/10/23 Page 1 of 4




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

APOCALYPSE BELLA,

            Defendant.                               Docket No. S4 21 Cr. 247 (PAE)
__________________________________

        Upon the application of the United States of America, by its attorney, Damian Williams,

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 One of

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


        1.       Amount of Restitution

        APOCALYPSE BELLA, the Defendant, shall pay restitution in the total amount of

$4,088,084.42, pursuant to 18 U.S.C. § 3663A (MVRA), to the victims of the offense charged in

Count One. BELLA shall pay $3,969,014 of the restitution amount to Kabbage, Inc., Attn: Caty

Bergmark, 925B Peachtree Street NE, Ste. 383, Atlanta, GA 30309, and $119,070.42 of the

restitution amount to the Small Business Administration (“SBA”), SBA/DFC, 721 19th Street, 3rd

Floor, Foom 301, Denver, CO 80202. The restitution amount is in relation to PPP loans with

numbers 5078768009 and 5257418004. 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 cases:

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

Mundendi, 21 Cr. 247 (PAE); and Dennis Beach, United States v. Beach, 21 Cr. 247 (PAE). The

2020.01.09
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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.

        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

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“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/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

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




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                                [INTENTIONALLY LEFT BLANK]


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
                                                                     _____________
                                                                       10/27/2022
                                                                     DATE
        UNITED STATES DISTRICT JUDGE




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