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Home Source documents Court filing — United States v. Brandon Jackson (Dkt. 233, S.D.N.Y.)

Court filing — United States v. Brandon Jackson (Dkt. 233, S.D.N.Y.)

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             Case 1:21-cr-00247-PAE Document 233 Filed 02/02/23 Page 1 of 3




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

BRANDON JACKSON,

            Defendant.                                Docket No. 21-CR-247-05 (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 Five of

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


        1.       Amount of Restitution

        Brandon Jackson, the Defendant, shall pay restitution in the total amount of $1,772,453,

pursuant to 18 U.S.C. § 3663A (MVRA), to the victim of the offense charged in Count Five—the

U.S. Small Business Administration, 721 19th Street 3rd Floor, Room 301, Denver, CO 80202.

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;

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

2020.01.09
         Case 1:21-cr-00247-PAE Document 233 Filed 02/02/23 Page 2 of 3




installment payments toward his restitution obligation, and may do so through the Bureau of

Prisons’ (BOP) Inmate Financial Responsibility Plan (IFRP). 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, 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).

       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:



                                                 2
          Case 1:21-cr-00247-PAE Document 233 Filed 02/02/23 Page 3 of 3




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

restitution amount for such victim(s) accordingly.

        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
                                                                       _____________
                                                                          2/2/2023
                                                                       DATE
        UNITED STATES DISTRICT JUDGE




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