Letter to Judge Matsumoto Re: United States v. Kevin Lipsitz, Defendant’s Position Regarding Restitution (Dkt. 42, E.D.N.Y.)
Summary
In this May 3, 2022 letter, Joseph Caldarera, counsel for Kevin Lipsitz, sets out the defense position on restitution to U.S. District Judge Kiyo A. Matsumoto of the Eastern District of New York ahead of sentencing on Thursday, May 5, 2022, with a restitution hearing set for the same time. Lipsitz acknowledges that restitution is mandatory under the Mandatory Victims Restitution Act. The letter says the presentence report of February 25, 2022 records that only one victim returned an Affidavit of Loss, requesting $100, and that the April 28, 2022 Addendum refers to no additional victims who submitted Affidavits of Loss. It asks that the restitution order be limited to $100.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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)
File and source
- File
- gov.uscourts.nyed.453356.42.0.pdf
- Size
- 153,891 bytes
- SHA-256
- 43fff0ec0d6f7344bd50a4661c519824218325f556a09001c6a25c43789d0830
- Original
- archive.org