Order of Restitution — United States v. Tatiana Daniel, 1:21-cr-00729 (S.D.N.Y., Document 121)

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Document 121, filed 03/12/24, in Case 1:21-cr-00729-LAK, is an order in the Southern District of New York before The Honorable Lewis A. Kaplan, United States District Judge. It orders Tatiana Daniel to pay restitution in the total amount of $401,206 to the victims of the offense charged in Count One, with the amounts owed to each victim set out in a Schedule of Victims. It states that restitution is joint and several in part with United States v. Chanette Lewis ($287,512) and United States v. Heaven West ($59,644). Any unpaid amount remaining upon release from prison is to be paid in monthly installments of no less than ten percent of the Defendant's gross income.

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Case 121-07 0072040 Dd

UNITED STATES DISTRICT CGURE
SOUTHERN DISTRICT OF NEW YORK

21 Cr. 729 (LAK)
TATIANA DANIEL,
a/k/a “Kimora Daniel,”

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 the S1 Information; and all other proceedings in this case, it is hereby ORDERED

that:

1. Amount of Restitution

Tatiana Daniel, the defendant, shall pay restitution in the total amount of $401,206,
pursuant to 18 U.S.C. § 3663A (MVRA), to the victims of the offense charged in Count One. 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.

A. Joint and Several Liability
Restitution in this case is joint and several in part. Specifically, restitution is joint and

several with the following defendants in this case, in the following respective amounts:
Case 1:21-cr-00729-LAK Document 121 Filed 03/12/24 Page 2 of 4

1. United States v. Chanette Lewis, 21 Cr. 729 (LAK): $287,512; and

2. United States v. Heaven West, 21 Cr. 729 (LAK): $59,644.
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 recovered the
total amount of each loss from the restitution paid by the defendant and all co-defendants ordered
to pay the same victims.

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(H(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).

maey~establish a payment plan by evaluating the Defendant’s sixemonth deposit history and

2023.2.16 2
Case 1:21-cr-00729-LAK Document 121 Filed 03/12/24 Page 3 of 4

subtracting an amount determined by the BOP to be-used to mama contact-with-famtly-and—
frie aining balance may be use T :

Uff restitution-obligatien_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 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
Case 1:21-cr-00729-LAK Document 121 Filed 03/12/24 Page 4 of 4

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.

AGREED AND CONSENTED TO:

DAMIAN WILLIAMS

United States Attorney -

By: li bA BA Le bf February 25, 2024
Michael D. Neff 0” DATE

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

TATIANA DANIEL,
TATIANA DANIEL DATE
Ezra-Spiike, Esq. DATE |

Law Offices of Ezra Spilke
1825 Foster Avenue, Suite 1K
Brooklyn, New York

Tel: (718) 783-3682

THE HONORABLE LEWIS A. KAPLAN DATE —
United States District Judge
Southern District of New York

2023.2.16 4


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