Defendant’s Sentencing Memorandum, United States v. Alexander Alli (M.D. Fla., June 3, 2024)
Summary
The defendant's sentencing memorandum, filed June 3, 2024 as Document 143 in United States v. Alexander Alli, Case No. 8:23-CR-24-CEH-SPF, in the U.S. District Court for the Middle District of Florida, Tampa Division, ahead of the June 10, 2024 sentencing hearing. It asks for home incarceration with supervised release and restitution (including interest) of $82,107.00. The memorandum states the defendant was found guilty of all three counts on March 15, 2024 and that the presentence report calculates a total offense level of 13, criminal history category I and a range of 12 to 18 months. It describes an EIDL application for Almar Sales and Services prepared with an uncharged tax preparer and argues for a variance based on the defendant's work history, lack of criminal history and possible deportation. It is signed /s/ Howard J. Williams, Assistant Federal Defender.
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Cite this document
“Defendant’s Sentencing Memorandum, United States v. Alexander Alli (M.D. Fla., June 3, 2024).”
Original at ecf.flmd.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-usa-v-alli-dkt-143-m-d-fla-61b7df620d/
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Case 8:23-cr-00024-CEH-SPF Document 143 Filed 06/03/24 Page 1 of 10 PageID
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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
UNITED STATES OF AMERICA
v. Case No.: 8:23-CR-24-CEH-SPF
ALEXANDER ALLI
________________________________/
DEFENDANT’S SENTENCING MEMORANDUM
COMES NOW, the Defendant, ALEXANDER ALLI, by and through his
undersigned counsel, and submits this Sentencing Memorandum in advance of the
June 10, 2024 sentencing hearing. After considering the sentencing guidelines, the
18 U.S.C § 3553(a) factors, and argument from counsel, Mr. Alli asks this Court to
impose a sentence of home incarceration along with supervised release to include
the payment of restitution (including interest) of $82,107.00.
PROCEDURAL HISTORY
On January 18, 2023, Mr. Alli was indicted for conspiracy to commit wire and
wire fraud based on an Economic Injury Disaster Loan (EIDL) application in
violation of 18 U.S.C. §1343 & §1349. 1 Doc. 1. On February 24, 2023, Mr. Alli
made his initial appearance, and the Court ordered Mr. Alli released under pretrial
release conditions. Doc. 13.
1
The Government filed a superseding indictment on September 13, 2023, charging an additional
count of wire fraud under 18 U.S.C § 1342.
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On March 15, 2024, Mr. Alli was found guilty of all three counts of the
superseding indictment after a jury trial. Post trial, this Court ordered Mr. Alli to
remain on pretrial release pending sentencing with the modified condition that he be
placed on home detention. Doc 130. Mr. Alli has remained in full compliance with
his conditions of release since implementation.
SENTENCING GUIDELINES
The PSR calculates Mr. Alli’s total offense level as a 13 and a criminal history
category I, resulting in an advisory sentencing guideline range of 12 to 18 months of
incarceration. PSR ¶ 88. As noted in the PSR, a sentence of imprisonment may be
substituted pursuant to subsection USSG §5C1.1(e).
NATURE AND CIRCUMSTANCES OF THE OFFENSE
At the time of this offense, Mr. Alli was employed full-time for Endeavor Air
working as a mechanic. Mr. Alli had created a business with the assistance of his
uncharged co-defendant, Maria Sostre who worked as a tax-preparer at H&R Block.
The name of the business was a combination of both of their names, Alexander and
Maria which was Almar Sales and Services. The business had been in existence
since 2018 which would have been two years before Covid and the creation of the
EIDL loan. At the time of the covid outbreak, Ms. Sostre was working as a tax
preparer and had even prepared Mr. Alli’s personal taxes in previous years. Mr. Alli
had informed Ms. Sostre that he wanted to utilize Almar Sales and Services to
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purchase semi-trucks and conduct business utilizing the trucks. Ms. Sostre informed
Mr. Alli that his business was eligible to receive a loan. Ms. Sostre, with some
assistance from Mr. Alli completed the EIDL loan application and applied for him
to get the loan for his business.
On April 4, 2020, an EIDL loan application was submitted for Almar Sales
and Services from Ms. Sostre’s office located in Port St. Lucie, Florida. The
proceeds from the loan were to be submitted to a bank account that was owned by
Mr. Alli. On April 14, 2020, a second loan application for Almar Sales and Services
was also submitted from Ms. Sostre’s office, except the proceeds from this loan
application were to be redirected to an account exclusively maintained by Ms.
Sostre.
After the loan application was submitted, it was approved by the Small
Business Administration for $80,500.00. On July 23, 2020, Mr. Alli executed the
loan documents that were provided by Ms. Sostre. The entire loan documents were
executed by Mr. Alli in less than 20 seconds. The loan application was then
submitted from an address in Port St. Lucie, Florida even though Mr. Alli’s phone
records clearly show that he was in Tampa, Florida at the time of the submission.
On July 27, 2020, the funds were transferred to Mr. Alli’s bank account. Mr. Alli
was found guilty after a jury trial of conspiracy to commit wire fraud, and two counts
of wire fraud. Mr. Alli has acknowledged to this court that he did review and sign
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the loan application. As of the filing of this memorandum, Mr. Alli’s uncharged co-
defendant, Maria Sostre has yet to be arrested for her actions and continues to
perform tax consulting and tax preparation for clients in the Port St. Lucie area. Mr.
Alli takes full responsibility and is truly remorseful for his actions in this case.
HISTORY AND CHARACTERISTICS OF MR. ALLI
Alexander Alli was born on September 30, 1984, in Benin City, Nigeria, to
John Eboze Alli and Magdalene Alli. PSR ¶ 48. Benin City’s rich history dates back
to 1200 CE2 when it was once a thriving city in West Africa. The walls of Benin
were once described in the Guinness Book of World Records as the largest earthwork
carried out prior to the mechanical period3. This is the historical city in which Mr.
Alli was born. Mr. Alli’s early childhood was rather normal growing up with two
sisters and a brother in his home. His childhood did take turn for the worse at about
15 years old when his parents separated. PSR ¶ 50. Since Mr. Alli was the eldest
son, he was required to go live with his father unlike his other siblings. This was
rather difficult for him as his father’s family were not as embracing of him. His aunts
and uncles held resentment toward Mr. Alli’s mother for the separation and took that
resentment out on him. To this day he can still recall his father’s family telling him
that “he would not amount to anything”. Id.
2
https://education.nationalgeographic.org/resource/kingdom-benin/
3
https://www.guinnessworldrecords.com/world-records/97959-longest-earthworks-of-the-pre-
mechanical-era
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Despite the lack of paternal support and confidence, Mr. Alli graduated from
high school and attended college in Nigeria PSR ¶ 69. Mr. Alli graduated from
Ambrose Alli University with a Bachelor of Science in Mathematics PSR ¶ 70.
(Exhibit A). In 2016, Mr. Alli moved to the United States on a conditional permanent
resident application with hopes of making his family proud and his dreams come
true. While in the United States, Mr. Alli has maintained employment and continued
to advance his educational goals. Mr. Alli was first able to get accepted and attend
National Aviation Academy in Clearwater, Florida (See Exhibit B). He would go on
to attend the training program and successfully earn several awards and certificates
of completion within the aviation maintenance sector (See Composite Exhibit C).
Mr. Alli would utilize his training certifications to obtain employment working in
the airline industry conducting aircraft maintenance and repairs. In 2019, Mr. Alli
was employed by Endeavor Air working as an airline mechanic for Delta Airlines
PSR ¶ 79. His work within the airline industry required extensive training and even
airport security clearance (See Composite Exhibit D). Even while working full-time
Mr. Alli was simultaneously attending college to ensure his ability to advance in his
profession. In 2023, Mr. Alli graduated from Everglades University with a
bachelor’s degree in aviation/aerospace concentration in aviation maintenance
management while working full-time and on pretrial release for the pending charges
PSR ¶ 72. (See Exhibit E). Mr. Alli even enrolled in their master’s degree program
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for Aviation Science Operations. Id.
Mr. Alli’s life has not just been defined by his career and educational
accomplishments but also by his love to his family as evidenced by the letters of
support (See Composite Exhibit F). Mr. Alli is not just a father to his two kids, but
also serves as a stepfather to his wife’s children. Mr. Alli also assists with the care
for his wife’s mother. Mr. Alli is loved and supported by not just his family but also
his church. Mr. Alli is truly regretful for his actions and decisions in this case. Mr.
Alli never expected the money to be a windfall and always had the intention of
paying back the portion of the loan as required.
MR. ALLI RESPECTFULLY ASKS THIS COURT FOR A
DOWNWARD VARIANCE
The PSR has calculated the offense level as follows:
Base Offense Level 7
Intended Loss ($40,000 to $95,000) 6
Special Offense Characteristics:
(fraud connected to major disaster) +2
15
Zero-Point Offender -2
Total Offense Level 13
Based on the calculations above, Mr. Alli’s sentencing range is 12–18 months,
and he falls in Zone C of the sentencing guideline range. Mr. Alli’s offense range is
given a 6-level enhancement for the loan amount pursuant to USSG §2B1.1(b)(1)(D)
due to the amount of the loan being between $40,000- $95,000.00. Under Zone C of
the Sentencing Guidelines, Mr. Alli may be given a sentence which only requires
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that he serve at least half of his term in the bureau of prisons and the remainder of
his sentence may be satisfied by a term of supervised release along with home
confinement. PSR ¶ 88. If the Court were inclined to vary down just two-levels, this
would place Mr. Alli into Zone B of the Sentencing Guidelines which would permit
a sentence with community confinement and/or home detention. If Mr. Alli had not
exercised his constitutional right to have a trial, he would have fallen within Zone B
of the Sentencing Guidelines.
REQUEST FOR A REASONABLE SENTENCE
PURSUANT TO 18 U.S.C. § 3553(a)
As outlined above, Mr. Alli’s work ethic and lack of criminal history should
be taken into consideration of a sentencing decision. While his history and
characteristics do not excuse Mr. Alli’s actions, he hopes that this Court will give it
consideration when imposing sentence.
As the Court is aware, the decision of the United States Supreme Court in
United States v. Booker, has rendered the United States Sentencing Guidelines
“effectively advisory.” Booker, 125 S. Ct. 738, 756 (2005). Pursuant to Booker,
sentencing courts are required to consider a defendant’s Guideline range, but may
“tailor the sentence in light of other statutory concerns as well.” Id. (citing 18 U.S.C.
§ 3553 (a)). In Mr. Alli’s case, a sentence of imprisonment within his guideline range
would be greater than necessary to accomplish the purpose of sentencing and a
downward variance that consisted of home confinement in lieu of prison followed
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by supervised release would comply with the requirements of 18 U.S.C §3553(a).
Section 3553(a)(2)(7), lists some purposes of sentencing, which can be
summarized as:
(2) the need for the sentence imposed to provide:
(A) just punishment;
(B) deterrence;
(C) protection of the public; and
(7) the need to provide restitution to the victims
Each of the purposes outlined above would be achieved by a non-custodial
sentence in this case. Mr. Alli has been on pretrial release since his initial arrest and
has been on home detention since trial. A sentence of home confinement in this case
would be adequate punishment for someone such as Mr. Alli who does not have a
criminal history. As of the drafting of this memorandum, Mr. Alli’s co-defendant in
the case who was responsible for the preparation of the loan application has not even
been arrested. As for punishment, due to Mr. Alli’s immigration status, he is very
likely to face the possibility of deportation. This punishment of being permanently
removed from this country and his family is certainly sufficient punishment in the
case. Allowing Mr. Alli the ability to be placed on home confinement would provide
him the opportunity to repay his EIDL loan while making adequate preparations for
his family if he is ultimately removed from the United States.
As for deterrence from criminal activity in the future, Mr. Alli did not have a
criminal history prior to these charges and allowing him to remain on house arrest
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and continue to regain employment in his profession will ensure that Mr. Alli
continues to be a productive member of society. Mr. Alli has made a bad decision in
this case, but he definitely has the ability to right this wrong and make amends for
his actions.
The need to provide restitution in the case would be best benefitted if Mr.
Alli was given a non-incarcerate sentence. Mr. Alli will hopefully be able to regain
employment in his profession of aircraft maintenance. If Mr. Alli were sentenced
to a term of prison, he would lose his job, his income, and his restitution payments
would be delayed. If the Court does not impose a prison sentence Mr. Alli may be
able to regain employment in his chosen field and restart restitution payments
immediately.
CONCLUSION
Mr. Alli is a hard-working immigrant that made a poor decision in this case.
Mr. Alli understands that this Court will penalize him for his actions, but he asks
that the Court impose a sentence that will allow him to regain his employment and
continue to provide for his family.
Defendant, ALEXANDER ALLI, respectfully requests this Court impose a
sentence of home confinement followed by a term of supervised release.
Respectfully submitted this 3rd day of June 2024.
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A. FITZGERALD HALL, ESQ.
FEDERAL DEFENDER
/s/ Howard J. Williams
Howard J. Williams, Esq.
Florida Bar No. 0100083
Assistant Federal Defender
400 North Tampa Street
Suite 2700
Tampa, Florida 33602
Telephone: (813) 228-2715
Facsimile: (813) 228-2562
Email: Howard_Williams@fd.org
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 3rd day of June 2024, a true and correct
copy of the foregoing was filed with the Clerk of the Court using the CM/ECF
system, which will send notice of the electronic filing to:
AUSA, Jennifer Peresie
/s/ Howard J. Williams
Howard J. Williams, Esq.
Assistant Federal Defender
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