Consent Order of Restitution — United States v. Heaven West (S.D.N.Y., Document 107)

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Document 107, filed 02/06/24, in Case 1:21-cr-00729-LAK, is an Order of Restitution in United States v. Heaven West, 21 Cr. 729 (LAK), in the Southern District of New York. It orders Heaven West to pay restitution in the total amount of $59,644 under 18 U.S.C. § 3663A (MVRA), and states that liability is joint and several in full with co-defendant Tatiana Daniel. Restitution is payable in installments, and any unpaid amount after release from prison is to be paid in monthly installments of no less than ten percent of gross income. It states that liability terminates on the later of 20 years from the entry of judgment or 20 years after release, and carries a SO ORDERED line for Judge Kaplan.

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Case 1:21-cr-00729-LAK Document 107 Filed 02/06/24 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA Consent/Psepesed
Order of Restitution

Vv.
21 Cr. 729 (LAK)

HEAVEN WEST,

Defendant.

THE HONORABLE LEWIS A. KAPLAN, United States District Judge:

Upon the application of the United States of America, by its attorney, Damian Williams,
United States Attorney for the Southern District of New York, Michael D. Neff, Assistant United
States Attorney, of counsel; the presentence investigation report; the defendant’s conviction on
Count One of Indictment 21 Cr. 729 (LAK); and all other proceedings in this case, it is hereby

ORDERED that:

1. Amount of Restitution

Heaven West, the defendant, shall pay restitution in the total amount of $59,644, pursuant
to 18 U.S.C. § 3663A (MVRA), to the victim of the offense charged in Count One. The name,
address, and specific amount owed to the victim are set forth in the Schedule of Victims, attached
hereto as Schedule A. Upon advice by the United States Attomey’s Office of a change of address
of the 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 in this case is joint and several in full (i.e., up to $59,644) with co-defendant

Tatiana Daniel. The defendant’s liability to pay restitution shall continue unabated until either the

defendant has paid the full amount of restitution ordered herein, or every victim in Schedule A has
y Case 1:21-cr-00729-LAK Document 107 Filed 02/06/24 Page 2 of 4

recovered the total
amount of each loss from the restitution paid by the defendant and all co-

defendants ordered to pay the same victim.

B.

Apportionment Among Victims

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.

ps 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 any term of imprisonment, the Defendant shall make
installment payments toward her 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

2023.2.16 2
J -Page-3 of 4

monthly installmen
t
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 her name and the docket number of this case on
each check or money order.

4. Change in Circumstances

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
Program) 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).

5. Term of 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

2023.2.16 3
Case 1:21-cr-00729-LAK Document 107 Filed 02/06/24 Page 4 of 4

alance of the restitution amount, and any lien filed pursuant to 18 U.S.C. § 3613(c) s

ntil the estate receives a written release of that liability.

AGREED AND CONSENTED TO:
DAMIAN WILLIAMS

United States Attorney
Southern District of New York

Michael D. Neff”
Assistant United States Attorney

Tel.: (212) 637-2107

Kirton Law Firm
175 Fulton Avenue, Suite 305

Hempstead, NY | 1550
(516) 833-5617

SO ORDERED:

THE HONORABLE LEW A. KAPLAN

United States District Judge
Southern District of New York

2023.2.16

hall continue

August 30, 2023
DATE


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