Government’s Unopposed Motion pursuant to 18 U.S.C. § 3664(d)(5) Requesting a Separate Hearing for Determination of Victims’ Restitution Amounts — No. 1:24-cr-00113 (Dkt. 89, D. Colo.)

Summary

The Government's Unopposed Motion Pursuant to 18 U.S.C. § 3664(d)(5) Requesting a Separate Hearing for Determination of Victims' Restitution Amounts, Document 89, filed March 6, 2025 in United States v. Jon M. Hallford, Criminal Case No. 24-cr-00113-NYW, in the U.S. District Court for the District of Colorado. The government states that sentencing is scheduled for March 20, 2025 and that the case involves approximately 200 identified victims whose losses will not be ascertainable before sentencing. It asks the court to set a separate restitution hearing within 90 days after sentencing and states that defense counsel does not object.

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“Government’s Unopposed Motion pursuant to 18 U.S.C. § 3664(d)(5) Requesting a Separate Hearing for Determination of Victims’ Restitution Amounts — No. 1:24-cr-00113 (Dkt. 89, D. Colo.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/government-s-unopposed-motion-pursuant-to-18-u-s-c-3664-d-5-requesting-60f6692afb/, SHA-256 45162d695051624ef672982efe84c301c0b038c94144cf97431a288433d3c5c4.

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Case No. 1:24-cr-00113-NYW Document 89 filed 03/06/25 USDC Colorado pg 1
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Criminal Case No. 24-cr-00113-NYW

UNITED STATES OF AMERICA,

Plaintiff,

1. JON M. HALLFORD,

Defendant.

GOVERNMENT’S UNOPPOSED MOTION PURSUANT TO 18 U.S.C. § 3664(d)(5)
REQUESTING A SEPARATE HEARING FOR DETERMINATION OF VICTIMS’
RESTITUTION AMOUNTS

The United States of America requests pursuant to 18 U.S.C. § 3664(d)(5) the

setting of a separate hearing for calculating victims’ restitution amounts. In support of

this request, the Government states the following:

1. The sentencing hearing for defendant Jon Hallford is presently scheduled

for March 20, 2025.

2. Under 18 U.S.C. § 3664(d)(5), “[i]f the victim’s losses are not

ascertainable by the date that is 10 days prior to sentencing, the attorney for the

Government or the probation officer shall so inform the court, and the court shall set a

date for the final determination of the victim’s losses, not to exceed 90 days after

sentencing.”

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3. Despite the diligence of the Government and U.S. Probation Office, the

victims’ losses will not be ascertainable prior to sentencing. This case involves

approximately 200 identified victims and numerous others impacted by the offense

conduct. Over the past several months, the Government and the U.S. Probation Office

have been actively collecting, and attempting to collect, restitution information from

victims. Although the Government has made diligent efforts (along with the U.S.

Probation Office) to collect victim’s restitution claims and any supporting documentation,

some victims have not yet responded. As a result, these victims may still have

outstanding restitution claims which have yet to be submitted and reviewed. In addition,

victims have submitted claims for various items such as travel, counseling and reburial

expenses which need closer analysis and tabulation.

4. Thus, the Government requests that the Court set a separate restitution

hearing within 90 days after the sentencing hearing to determine the victim’s actual

losses. Delaying the restitution hearing will not cause any delay of the actual sentencing

date currently set for March 20, 2025, as the Government will still be prepared to

address the loss amount from the offense conduct for purposes of calculating the

sentencing guidelines.

5. The Government submits that it is essential—and more importantly, legally

required—that it make diligent efforts and exhaust all reasonable means to ascertain

victims’ restitution amounts.

6. Providing this additional time will allow the Government to compile a

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summary report and supporting evidence to justify victims’ restitution amounts.

Specifically, the Government is assisting the Probation Office in compiling a summary

restitution spreadsheet which must be based on adequate supporting data. After victims

have submitted their claims for restitution (many of whom have already done so), the

Government must independently review each claim for accuracy and legal sufficiency.

At times, this requires the Government and Probation Office to engage in follow-up

communications with the victims as well as reviewing and collecting supplemental

documentation in support of any claims. Although much work has already been

completed, this task remains a daunting project. Oftentimes the victim documentation

includes such things as receipts, invoices, bank statements and emails. Sometimes this

material is voluminous and confusing. Reviewing and organizing such financial data

takes time and sometimes requires a financial auditor’s assistance.

7. After the Probation Office reviews the Government’s submission and

completes its independent report, the defendant is entitled to adequate time to review

the restitution figures, raise any objections, and/or gather any evidence necessary to

challenge such restitution amounts.

8. The Government submits that having additional time (not to exceed 90

days after sentencing) to prepare for a separate restitution hearing will benefit all parties

and ensure that the Court can make an accurate and correct determination regarding

restitution.

9. It is the parties’ intent to reach a stipulation if possible on this issue to

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obviate the need for a formal, contested restitution hearing. If such a stipulation can be

reached, the parties can submit the restitution figures to the Court for its review and

eventual approval.

10. The Government has conferred with counsel for defendant Jon Hallford

(Laura Suelau) regarding this Motion, who does not object to this request.

WHEREFORE, the Government moves for a separate hearing for a final

determination of restitution, to be scheduled within 90 days after Sentencing.

Respectfully submitted this 6th day of March, 2025.

J. Bishop Grewell
Acting United States Attorney

By: s/ Tim Neff
Tim Neff
Assistant United States Attorney
United States Attorney’s Office
1801 California Street, Suite 1600
Denver, Colorado 80202
Telephone: (303) 454-0100
Fax: (303) 454-0405
E-mail: Tim.Neff@usdoj.gov
Attorney for the Government

By: s/ Craig G. Fansler
Craig G. Fansler
Assistant United States Attorney
United States Attorney’s Office
1801 California Street, Suite 1600
Denver, Colorado 80202
Telephone: (303) 454-0100
Fax: (303) 454-0405
E-mail: Craig.Fansler2@usdoj.gov
Attorney for the Government

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CERTIFICATE OF SERVICE

I certify that on this 6th day of March, 2025, I electronically filed the foregoing
GOVERNMENT’S UNOPPOSED MOTION PURSUANT TO 18 U.S.C. § 3664(d)(5)
REQUESTING A SEPARATE HEARING FOR DETERMINATION OF VICTIMS’
RESTITUTION AMOUNTS with the Clerk of the Court using the CM/ECF system which
will send notification of such filing to counsel of record in this case.

By: s/Ilmira Allazova
Legal Administrative Specialist
United States Attorney’s Office

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