Order of Restitution — United States v. Tatiana Benjamin, 1:21-cr-00729 (S.D.N.Y., Document 106)

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Document 106, filed 02/06/24, in Case 1:21-cr-00729-LAK, is an Order of Restitution in United States of America against Tatiana Benjamin in the Southern District of New York, addressed to Judge Lewis A. Kaplan. It orders Benjamin to pay restitution in the total amount of $294,624, pursuant to 18 U.S.C. § 3663A (MVRA), to the victim of the offense charged in Count Two, and states that the restitution is joint and several in full with co-defendant Chanette Lewis. It provides that restitution is payable in installments, including through the Bureau of Prisons' Inmate Financial Responsibility Plan while the defendant serves a term of imprisonment. It states that liability terminates on the later of 20 years from the entry of judgment or 20 years after release from imprisonment.

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Case 1:21-cr-00729-LAK Document 106 Filed 02/06/24 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA Consent/Propesed.
Order of Restitution
Vv.
21 Cr. 729 (LAK)

TATIANA BENJAMIN,

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 Two of Indictment 21 Cr. 729 (LAK); and all other proceedings in this case, it is hereby

ORDERED that:

1. Amount of Restitution

Tatiana Benjamin, the defendant, shall pay restitution in the total amount of $294,624,
pursuant to 18 U.S.C. § 3663A (MVRA), to the victim of the offense charged in Count Two. 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 Attorney’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 (7.e., up to $294,624) with co-defendant

Chanette Lewis. 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
Case 1:21-cr-00729-LAK Document 106 Filed 02/06/24 Page 2 of 4

has 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.

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 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
Case 1:21-cr-00729-LAK Document 106 Filed 02/06/24 Page 3 of 4

, i able
s than ten percent of the Defendant s gross income, pay

monthly installment payments of no les

on the fifteenth of each month.

3. Payment Instructions
all make restitution payments by certi

re available on the Clerk of Court’s website at

The defendant sh fied check, money order, or online.
he deren

Instructions for online criminal debt payments a

nttps:/nysd.uscourts.gov/payment-information# Paymento fCriminalDebt.

“SDNY Clerk of Court” and mailed or delivered to: United

Checks and money

orders shall be made payable to the

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.

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

e
vent of the death of the defendant, the defendant’s estate will be held responsible for any unpaid

2023.2.16
Case 1:21-cr-00729-LAK Document 106 Filed 02/06/24 Page 4 of 4

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.

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS
United States Attorney
Southern District of New York

py: Aell Bb. Af August 30, 2023

Assistant United States Attorney
Tel.: (212) 637-2107

TATIANA BENJAMIN,
TATIANA BENJAMIN DATE

Thomas A. Farinella, ren, DATE

The Law Office of Thomas A. Farinella

260 Madison Avenue, 8th Floor

New York, NY 11426

(917) 319-8579

WA th, vl Le

THE HONORABVE EAVIS fy. I /KAPLAN DATE
United States District Judge
Southern District of New York


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