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Letter stating defendant's position regarding restitution — USA v. Lipsitz (Dkt. 42, E.D.N.Y.)

Summary

A letter dated May 3, 2022 to the Honorable Kiyo A. Matsumoto, Re: United States v. Kevin Lipsitz, 1:20-cr-00394-KAM, stating the defendant's position regarding restitution, filed as Document 42. The letter states that the office represents Mr. Lipsitz, who is scheduled to be sentenced on Thursday, May 5, 2022 at 11:00 AM, and acknowledges that restitution is mandatory under the Mandatory Victims Restitution Act. It states that, based on the information known to date, restitution should be ordered in the sum of $100.00. It states that only one victim had returned an Affidavit of Loss, requesting $100 in restitution. The letter is signed /s/ Joseph Caldarera, Esq.

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Cite this document

“Letter stating defendant's position regarding restitution — USA v. Lipsitz (Dkt. 42, E.D.N.Y.).” Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/letter-stating-defendant-s-position-regarding-restitution-usa-v-lipsit-35b10b7c1d/, SHA-256 a571eea1814e8c13e043fd7357ccb858c84e986e6e1cce8d9f93d014d3586804.

Full text

Case 1:20-cr-00394-KAM         Document 42       Filed 05/03/22      Page 1 of 2 PageID #: 254




                                                                                     May 3, 2022

-VIA ECF-
The Honorable Kiyo A. Matsumoto
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

                                     Re:   United States v. Kevin Lipsitz
                                           1:20-cr-00394-KAM
                                     Defendant’s position regarding restitution

Dear Judge Matsumoto:

       Our office represents Mr. Kevin Lipsitz who is scheduled to be sentenced on Thursday,
May 5, 2022 at 11:00 AM before this Court. The court has directed that a restitution hearing be
held concurrently.

        Mr. Lipsitz acknowledges that restitution is mandatory for his offense of conviction,
pursuant to the Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. § 3363A(c); U.S.S.G.
§ 5E1.1(a)(1). As to the appropriate amount and based on the information known to us to date, it
is our position that restitution should be ordered in the sum of $100.00 (One Hundred Dollars).

        The U.S. Probation Office (EDNY), upon order of the court, has initial responsibility for
providing a report containing information sufficient for the court to fashion a restitution order,
including an accounting of losses to each victim, any restitution owed pursuant to a plea
agreement, and the economic circumstances of a defendant. See 18 U.S.C. § 3664(a). The officer
is also responsible for providing notice to victims of the date, time and place of the restitution
hearing, and of their opportunity to submit information to the probation officer concerning the
amount of their losses. See 18 U.S.C. § 3664(d)(2).

       The presentence investigation report (“PSR”) in this matter was prepared on February 25,
2022 and provided to the parties immediately thereafter. As contained in the PSR, Probation
Officer Jameka Bing sent Affidavits of Loss to the various victims of the instant offense;
however, only one victim had returned the Affidavit, requesting $100 in restitution. See PSR
Case 1:20-cr-00394-KAM         Document 42       Filed 05/03/22     Page 2 of 2 PageID #: 255
Honorable Kiyo A. Matsumoto - pg. 2                                       May 3, 2022
United States v. Kevin Lipsitz
1:20-cr-00394-KAM

dated 02/25/2022 at ¶ 97. Since then, an Addendum to the Presentence Report (the “Addendum”)
dated April 28, 2022, was prepared and sent to the parties. Nothing contained therein refers to
any additional victims having submitted Affidavits of Loss seeking restitution after 02/25/2022,
through the present date.

        Accordingly, since only one victim has chosen to seek restitution, we respectfully submit
that the specific amount of the Court’s Restitution Order be limited to $100.

       Thank you for your attention.



                                                    Respectfully submitted,


                                                   /s/    Joseph Caldarera
                                                   Joseph Caldarera, Esq.



JV
Cc:    AUSA Andrew Wang (via ECF)

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