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United States v. Darnell Jones: Government Letter in Anticipation of Sentencing (E.D.N.Y., September 9, 2025)

Summary

The government's sentencing letter of September 9, 2025 to Judge Dora L. Irizarry in United States v. Darnell Jones, Criminal Docket No. 24-369 (DLI), filed as Document 31 in Case 1:24-cr-00369-DLI in the U.S. District Court for the Eastern District of New York. It states that Jones pleaded guilty on April 9, 2025 to wire fraud conspiracy and aggravated identity theft. The government argues that Jones and co-conspirators used purchased personal information to file fraudulent unemployment claims with the New York State Department of Labor, obtaining approximately $838,120.00, and that Jones was a member of the Ninedee Gang who possessed firearms. It asks for 145 months' imprisonment, the top of the Guidelines range. It is signed /s/ by Assistant U.S. Attorney Emily J. Dean, with Irisa Chen also listed.

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Cite this document

“United States v. Darnell Jones: Government Letter in Anticipation of Sentencing (E.D.N.Y., September 9, 2025).” Original at ecf.nyed.uscourts.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/sentencing-memorandum-usa-v-jones-dkt-31-e-d-n-y-737d33a3c9/, SHA-256 f90c942a007d1dca4dade3076a339442378e6162c82c5bc02e2aa131f1312ea6.

Full text

Case 1:24-cr-00369-DLI        Document 31        Filed 09/09/25       Page 1 of 14 PageID #: 102

                                                     U.S. Department of Justice


                                                     United States Attorney
                                                     Eastern District of New York
EJD:IC                                               271 Cadman Plaza East
F. #2024R00700                                       Brooklyn, New York 11201



                                                     September 9, 2025

By ECF and Email

The Honorable Dora L. Irizarry
United States District Judge
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201

                Re:    United States v. Darnell Jones
                       Criminal Docket No. 24-369 (DLI)

Dear Judge Irizarry:

               The government respectfully submits this letter in anticipation of defendant
Darnell Jones’s sentencing hearing in the above-captioned case, which is scheduled for October
1, 2025 at 10:00 a.m. On April 9, 2025, the defendant, also known as “EJ,” pleaded guilty
pursuant to a plea agreement to wire fraud conspiracy and aggravated identity theft, in violation
of Title 18, United States Code, Sections 1343, 1349 and 1028A. For the reasons set forth
below, the government respectfully submits that a term of imprisonment of 145 months, the top
of the applicable United States Sentencing Guidelines (“U.S.S.G.” or the “Guidelines”) range,
should be imposed.

I.        Background

               The facts underlying the offense conduct in this case are accurately set forth in the
Presentence Investigation Report (“PSR”) prepared by the United States Probation Department
(“Probation”) on July 11, 2025, as amended by the Addendum to the Presentence Report, dated
August 29, 2025.

     A.      The Defendant’s Conspiracy to Engage in Unemployment Benefits Fraud and Other
             Fraudulent Conduct

                Beginning in the spring of 2020 through the summer of 2021, the defendant and
co-conspirators obtained personally identifiable information (“PII”), such as names, addresses,
driver’s license numbers, social security numbers and dates of birth, to submit fraudulent claims
for unemployment insurance benefits to the New York State Department of Labor (“NYDOL”).
PSR ¶ 8. During this period, the defendant and his co-conspirators defrauded the NYDOL and
exploited federal unemployment insurance programs, such as the Pandemic Unemployment
Case 1:24-cr-00369-DLI       Document 31        Filed 09/09/25     Page 2 of 14 PageID #: 103




Assistance program made available pursuant to the Coronavirus Aid, Relief, and Economic
Security (“CARES”) Act, taking advantage of a global health crisis for his own personal gain. 1
Id. ¶ 6. The defendant kept a screenshot created on April 8, 2020 of the link to the Pandemic
Unemployment Assistance Forms from the NYDOL on one of his cell phones, as shown below
(markings in original). Government Exhibit (“GX”) 406G, attached hereto as Exhibit A, at 4,
23.2




               To carry out their scheme, the defendant and co-conspirators would purchase or
otherwise obtain victims’ PII from internet websites or from individuals on applications such as
Telegram.3 PSR ¶ 9. The defendant and his co-conspirators would then use the stolen PII to


       1
                 The CARES Act was enacted on March 27, 2020, and, in light of the ongoing
health crisis related to the novel coronavirus (“COVID-19”), allocated additional unemployment
benefits for eligible individuals. Specifically, the CARES Act established additional
unemployment insurance programs, including the Pandemic Unemployment Assistance program
and the Federal Pandemic Unemployment Compensation program. Both programs were
federally funded and were administered by states, including New York State.
       2
                Citations to government exhibits reference admitted exhibits from the 2024 trial
United States v. Maliek Miller, Docket No. 20-CR-331 (LDH) (hereinafter “Miller”), in which a
fellow member of the defendant’s gang was tried for and convicted of racketeering, murder in-
aid-of racketeering and related crimes. Due to the defendant’s status in the same gang (the
“Ninedee Gang”), evidence regarding the defendant’s participation in fraud and violence was
presented at trial.
       3
                Telegram is an end-to-end encrypted messaging application that also allows for
encrypted voice and video calls. Telegram also allows users to exchange messages, share media
and files, and hold private and group voice or video calls on its encrypted platform.

                                                2
Case 1:24-cr-00369-DLI        Document 31        Filed 09/09/25       Page 3 of 14 PageID #: 104




submit unemployment claims, altering the addresses of the victims to those of co-conspirators in
Brooklyn so that debit cards and funds would be sent to co-conspirators’ homes and not the true
addresses of the victims. Id.; see also Miller, ECF No. 208, Tr. 1140-43. 4 For example, on
November 18, 2020, the defendant, using the username “Euro Jones” sent a co-conspirator, “FS
Fspros,” messages on Telegram to pay “FS Fspros” to obtain the dates of birth, social security
numbers and driver’s license numbers for ten victims for whom the defendant had names and
home addresses, as shown below.5 See PSR ¶ 10; Excerpts of GX 406Z, attached hereto as
Exhibit B, at 15-23.6




       4
                References to “Tr.” herein are to the trial transcript in Miller. The testimony cited
herein is from a cooperating witness who was a former member of the Ninedee Gang and a co-
conspirator of the defendant.
       5
               The messages have been excerpted for clarity and brevity.
       6
                Because Exhibit B and Exhibit E contain information that constitutes victims’ and
third parties’ names and identifying information, these materials are being submitted under seal.
This information concerns the privacy interests of the third parties and victims that warrant
protection from disclosure, and it should therefore be sealed. See, e.g., United States v.
McPartland, No. 17-CR-587 (JMA), 2021 WL 722496, at *3 (E.D.N.Y. Feb. 23, 2021) (finding
that “sealing and redaction of references to [a] third-party” in the parties’ pretrial motions in
limine were appropriate); United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995) (“[t]he
privacy interests of innocent third parties . . . should weigh heavily” when determining whether
public access is appropriate).

                                                  3
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Ultimately, the defendant paid “FS Fspros” approximately $600 worth of cryptocurrency for the
victims’ PII, and “FS Fspros” sent JONES the requested dates of birth, social security driver’s
license numbers. See id. NYDOL records show that claims for unemployment insurance
benefits were submitted for certain of these victims, but with altered home addresses. Id. From
the fraudulent claims of these victims alone, the defendant and his co-conspirators obtained
approximately $24,356.00 of fraudulent unemployment insurance benefits; in the year-and-a-half
following the COVID-19 pandemic, the defendant and his co-conspirators stole approximately
$838,120.00 from the NYDOL in unemployment insurance benefits using the compromised PII
of almost 80 victims. PSR ¶ 11.

                The defendant also engaged in additional types of fraud, including wire fraud
conspiracy in connection with stolen credit card and bank information beginning in May 2021
until he was arrested in this case in October 2024. Id. ¶ 13. The defendant and his co-
conspirators purchased and exchanged victim “profiles” on the internet that included victim
names, social security numbers, credit card numbers, bank account information and/or other PII.
See id.; Miller, ECF No. 208, Tr. 1054-57. They then used this stolen information in a variety of
ways, including (1) directly withdrawing funds from or making purchases with bank accounts
using the stolen information to access victims’ accounts; (2) using the stolen information to
create fake credit or debit cards that were later used to make in-person purchases; and (3)
accessing the victim bank accounts to deposit fraudulent checks or criminal proceeds, which
were later withdrawn as cash. Id. During the course of this three-year scheme, the defendant
and his co-conspirators used the compromised PII of approximately 800 victims with the intent
to access at least $2.7 million of victim account funds. 7 PSR ¶ 13.




       7
                The government has notified the identified victims of the proceedings and
upcoming sentencing hearing in this case. As of the date of this filing, the government has
received certain victim inquiries but has not yet received any victim impact statements nor
restitution requests. The government will update the Court, Probation and the defendant with
any victim impact statements or restitution requests it receives.

                                                4
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   B.       The Defendant Was a Member of a Violent Street Gang and Funded the Gang
            Through Fraud and Marijuana Trafficking

                The defendant was an active member of the Ninedee Gang, a violent criminal
enterprise operating out of the Louis H. Pink Houses public housing complex (the “Pink
Houses”) in the East New York neighborhood in Brooklyn. 8 PSR ¶ 6. Ninedee Gang members
are affiliated with specific buildings within the Pink Houses and engage in a violent and bloody
gang war with rivals, including those from rival buildings within the Pink Houses and those from
a neighboring apartment complex in Linden Plaza. This ongoing violence has raged within the
Pink Houses for decades on a daily basis as members of the Ninedee Gang and their affiliates
and their rivals terrorize the neighborhood by trading gunfire without regard to the men, women
and children who reside in the massive housing complex. Ninedee Gang members and
associates often promoted the gang by boasting publicly on social media and in music videos
about the gang and its criminal activities. The defendant has publicly touted the Ninedee Gang
by posting about the gang and its activities on social media, such as in the below example
recovered from one of the defendant’s cell phones, dated November 2020. Ex. A, GX 406G at 3,
16.




               The defendant and other Ninedee Gang members support the gang through drug
sales and large-scale financial fraud, also known as “scamming,” as described above; the funds
derived from these crimes are used to purchase firearms for the gang, among other things. See
Miller, ECF No. 208, Tr. 1053, 1057. The defendant not only engaged in numerous fraud
schemes with Ninedee Gang members, such as Kevin Wint, also known as Kev G, 9 but taught

        8
               The Pink Houses complex consists of 22 eight-story buildings with 1,500
apartment units covering over 31 acres and houses over 3,000 residents.
        9
                On March 9, 2023, Wint pleaded guilty to racketeering, where his predicate acts
included distribution of marijuana and access device fraud, and acting as an accessory-after-the-
fact of a murder committed by members and associates of the Ninedee Gang for assisting
Ninedee members in escaping law enforcement detection following a murder on July 7, 2020.
See Miller, ECF Nos. 25 (First Superseding Indictment) and 81 (Change of Plea Hearing
Transcript). On January 12, 2024, Wint was sentenced to a term of 110 months’ imprisonment,
among other things, by the Honorable LaShann DeArcy Hall. See Miller, Jan. 12, 2024 Minute
Entry; ECF No. 135 (Judgment).

                                                5
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other members of the gang how to do so. For example, in January 2021, the defendant messaged
Ninedee Gang member and co-conspirator, Kevin Wint, about one of the “best scams [the
defendant had] heard about.” GX 406CC, attached hereto as Exhibit C, at 8. The defendant’s
message continues to describe a way to obtain credit card information from innocent victims:

              You arrive at your hotel and check in at the front desk. Typically
              when checking in, you give the front desk your credit card (for any
              charges to your room). You go to your room and settle in. All is
              good. The hotel receives a call and the caller asks for (as an
              example) room 620 – which happens to be your room. The phone
              rings in your room. You answer and the person on the other end
              says the following: ‘This is the front desk. When checking in, we
              came across a problem with your charge card information. Please
              re-read me your credit card number and verify the last 3 digits
              numbers at the reverse side of your charge card.’ Not thinking
              anything wrong, since the call seems to come from the front desk
              you oblige. But actually, it is a scam by someone calling from
              outside the hotel. . . .

Id. Ninedee Gang members, such as Wint, often boasted about the Ninedee Gang’s credit card
fraud; for example, in a YouTube video “Loring and Eldert” posted on August 16, 2020, Wint
raps “real nose scammer, those cards we crackin.” 10

               The defendant and his fellow gang members also helped fund and promote the
Ninedee Gang by selling marijuana, including a gang-specific brand known as “90 Runtz.” See
PSR ¶ 7; see, e.g., Ex. A, GX 406G at 1-3, 8, 11, 21. Evidence of the defendant’s role in the
gang’s marijuana trafficking was recovered from one of his cell phones, which showed numerous
images depicting various strains of marijuana as well as the branded logo of “90 Runtz,” as
shown below (left image, dated May 6, 2020; middle image, dated November 15, 2020; right
image, dated December 1, 2020). Ex. A, GX 406G at 1-3, 8, 11, 21.




       10
              See “Loring N Eldert,” https://www.youtube.com/watch?v=h4CW54s34Zk at
0:34-0:35 (accessed on September 7, 2025).

                                              6
Case 1:24-cr-00369-DLI       Document 31        Filed 09/09/25     Page 7 of 14 PageID #: 108




   C.      The Defendant Possessed Firearms and Committed Violent Crimes With the Ninedee
           Gang

                In addition to funding the Ninedee Gang, the defendant also possessed firearms
and committed acts of violence with Ninedee gang members and associates. PSR ¶ 7. Among
other things, the defendant purchased firearms with Ninedee Gang members, as evidenced in
June 2020 text communications with Ninedee Gang member Wint about sharing the cost of a
“glick” or firearm, see below (Wint in green and the defendant in blue). Excerpts of GX 402LL,
attached hereto as Exhibit D, at 739-40.




Moreover, the defendant’s cell phone contained multiple images of firearms, including an image
of the handle of a firearm in what appears to be a backpack with cash next to the firearm. Ex. A,
GX 406G at 4, 24; Excerpts of GX 407E, attached hereto as Exhibit E, at 23, 68.




                                                7
Case 1:24-cr-00369-DLI       Document 31        Filed 09/09/25     Page 8 of 14 PageID #: 109




                On August 9, 2021, law enforcement agents also recovered two firearms loaded
with ammunition from a kitchen cabinet within an apartment the defendant shared with Wint in
New Jersey. PSR ¶ 12. Specifically, a tan Springfield Armory XD Elite 9 millimeter handgun,
bearing serial number AT291069 with a Protec Laser Sight and a black Taurus G2C 9 millimeter
handgun, bearing serial number TLT10051 equipped with an Armalaser TR23 sight were
recovered, as depicted below. See id.




The recovered handguns were each equipped with a laser sight, which shines a red laser beam
where the firearm is pointed, to increase the shooter’s accuracy in hitting a target. See id.
Members of the defendant’s gang bragged publicly about having access to guns with such
features. In at least one music video, a Ninedee Gang member rapped “dot on his nose if he
clowning,” referencing a red “dot” of a laser sight being pointed at an individual’s nose if the
individual acts disrespectfully or foolishly (“clowning”), also employing the double entendre of a
clown’s red nose.11 See Miller, ECF No. 209, Tr. 1380.

               The defendant also broadcast his possession of firearms and large quantities of
cash on social media, appearing on fellow Ninedee Gang member Maliek Miller’s Facebook live
waving around what appeared to be a gun, flashing money and promoting the Ninedee Gang.
GX 242(b), attached hereto as Exhibit F, at 0:34-0:58 (video depicting Miller on the top half of
the screen and the defendant on the bottom




       11
            See “Ninedee Way,” https://www.youtube.com/watch?v=K0zr75PdlFs&list=
RDK0zr75PdlFs&start_radio=1 at 0:51-0:53 (accessed on September 7, 2025).

                                                8
Case 1:24-cr-00369-DLI        Document 31        Filed 09/09/25      Page 9 of 14 PageID #: 110




half). Displaying the firearm to the camera, the defendant states “Ninedee! N**** said don’t
f*ck around though.” Id. After displaying the firearm and cash, the defendant states “Ninedee
the way, everywhere . . . Ninedee the way, in every state, east coast to the west coast.” Id. Still
images from the video below depict the defendant with his gun and money.




               Beyond the possession and purchase of firearms for and with Ninedee Gang
members, the defendant is also responsible for the September 4, 2017 shooting of “Little Russ,”
a rival gang member from the Linden Plaza complex. PSR ¶ 7; see Sep. 4, 2017 Police Report,
attached hereto as Exhibit G. A former Ninedee Gang member explained that the defendant was
responsible for the shooting, which was later publicly touted by Ninedee Gang member Kevin
Wint who rapped “might hit Little Russ with a ladder,” referencing that “Little Russ” was shot
by a Ninedee member with a firearm with an extended clip. 12 See Miller, ECF No. 209, Tr.
1395. Ninedee Gang members and associates are responsible for many violent crimes in and
around the Pink Houses, most notably, a July 7, 2020 murder of an associate of a rival and
former federal witness, Shatavia Walls. See Miller, ECF No. 25 (First Superseding Indictment).
Maliek Miller was convicted at trial; an additional six Ninedee members and associates pled
guilty with respect to their roles in the Walls murder. 13
   D.        The Defendant’s Arrest and Subsequent Conviction

               The defendant was arrested and arraigned on October 11, 2024. For his actions,
the defendant was charged with wire fraud conspiracy, in violation of Title 18, United States
Code, Sections 1343 and 1349 (Count One); aggravated identity theft, in violation of Title 18,
United States Code, Section 1028A (Count Two); and being a felon in possession of firearms and
ammunition, in violation of Title 18, United States Code, Section 922(g) (Count Three). PSR
¶¶ 2-3; ECF No. 1.

             On April 9, 2025, the defendant pleaded guilty pursuant to a plea agreement to
Counts One and Two before the Court. See April 9, 2025 Minute Entry. As part of his plea, the

        12
            See “Dead Ops,” https://www.youtube.com/watch?v=QY9b6dF-
fJQ&list=RDQY9b6dF-fJQ&start_radio=1 at 1:59-2:03 (accessed on September 7, 2025).
        13
                The defendant is not alleged to have participated in the Walls murder.

                                                 9
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 defendant stipulated that between May 2021 and October 2024, he conspired to engage in a
 scheme to fraudulently obtain personal identifying information, including bank account
 information, of victims, in order to, by means of wire transfer, check or other transmission by
 means of wire, obtain funds from the victims’ bank accounts resulting in an intended loss amount
 of over $2.7 million. See PSR ¶ 13; Plea Agreement ¶ 2.

       E.      The Defendant’s Prior Criminal History

               The defendant has two prior convictions involving the possession and use of
 firearms. The defendant was convicted of Criminal Possession of a Weapon in the Fourth
 Degree, a Class A misdemeanor, in June 2014 for possession of a firearm in the Flatbush
 neighborhood of Brooklyn on the evening of March 10, 2012. PSR ¶ 38. Specifically, the
 defendant possessed a sawed-off Harrington and Richardson 12-gauge shotgun on the street
 corner. Id. For this crime, the defendant was sentenced to a term of imprisonment of one year.

                The defendant was also previously convicted for shooting a victim in the leg.
 PSR ¶ 39. On the morning of May 14, 2012, in East New York, the defendant fired multiple
 gunshots at a victim, breaking his leg with one of the shots. Id. Approximately one hour later,
 the defendant was found in possession of a loaded firearm matching the caliber used in the
 shooting and ultimately pleaded guilty to Attempted Assault in the First Degree (Intent to Cause
 Serious Injury with a Weapon), a Class C Felony. Id. The defendant was sentenced to four
 years of custody; while in custody, the defendant incurred nine infractions, including fighting
 and possession of a weapon. Id. The defendant was released on parole for a second time in July
 2016, with his parole status to expire on June 2, 2021. Id.

II.         Sentencing Guidelines Calculation

                 The government agrees with the Probation Department’s calculation of the
 Guidelines total offense level as set forth in the PSR. The PSR calculates the Guidelines total
 offense level to be 28, based upon a combined adjusted offense level of 31 and a three-level
 reduction for acceptance of responsibility. PSR ¶¶ 22–36. Accordingly, based on a Criminal
 History Category of III, a total adjusted offense level of 28 would yield a Guidelines advisory
 range of 97 to 121 months of imprisonment. Id. ¶ 74. In addition, the defendant’s aggravated
 identity theft conviction (Count Two) carries a mandatory term of imprisonment of two years to
 run consecutive with any sentence imposed on the underlying wire fraud conspiracy, which
 renders the total applicable Guidelines advisory range to be 121 to 145 months of imprisonment.
 See id. The defendant has stipulated to the applicable Guidelines range. Plea Agreement ¶ 3.

III.        Legal Standard

                 The Supreme Court has explained that the sentencing court “should begin all
 sentencing proceedings by correctly calculating the applicable [Guidelines] range. Gall v.
 United States, 552 U.S. 38, 49 (2007). The Supreme Court further has explained that “[a]s a
 matter of administration and to secure nationwide consistency, the Guidelines should be the
 starting point and the initial benchmark.” Id. The sentencing court “should then consider all of
 the [18 U.S.C.] § 3553(a) factors to determine whether they support the sentence requested by a
 party.” Id. at 49-50. In doing so, the court “may not presume that the Guidelines range is

                                                 10
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 reasonable,” but “must make an individualized assessment based on the facts presented.” Id. at
 50 (internal citation omitted).

                Title 18, United States Code, Section 3553(a) provides, in part, that in imposing a
 sentence, the court shall consider:

                (1) the nature and circumstances of the offense and the history and characteristics
                of the defendant; [and]

                (2) the need for the sentence imposed--

                        (A) to reflect the seriousness of the offense, to promote respect for the
                        law, and to provide just punishment for the offense;

                        (B) to afford adequate deterrence to criminal conduct;

                        (C) to protect the public from further crimes of the defendant; [and]

                        (D) to provide the defendant with needed educational or vocational
                        training, medical care, or other correctional treatment in the most effective
                        manner.

 18 U.S.C. § 3553(a). “[I]n determining whether to impose a term of imprisonment, and, if a term
 of imprisonment is to be imposed, in determining the length of the term, [the court] shall
 consider the factors set forth in section 3553(a) to the extent that they are applicable, recognizing
 that imprisonment is not an appropriate means of promoting correction and rehabilitation.” 18
 U.S.C. § 3582(a).

                 At sentencing, “the court is virtually unfettered with respect to the information it
 may consider.” United States v. Alexander, 860 F.2d 508, 512-13 (2d Cir. 1988). Indeed, “[n]o
 limitation shall be placed on the information concerning the background, character, and conduct
 of a person convicted of an offense which a court of the United States may receive and consider
 for the purpose of imposing an appropriate sentence.” 18 U.S.C. § 3661.

 IV.    Discussion

               The government respectfully submits that a sentence of 145 months’
 imprisonment, at the top of the defendant’s applicable Guidelines range, is appropriate in this
 case and would be sufficient, but not greater than necessary, to serve the statutory purposes of
 sentencing.

        A.      The Nature and Circumstances of the Offense

                 The government respectfully submits that the Court should impose a sentence of
 145 months’ imprisonment because such a sentence is appropriate to “reflect the seriousness of
 the offense, to promote respect for the law, and to provide just punishment for the offense.” 18
 U.S.C. § 3553(a)(2)(A). Such a sentence will both provide appropriate punishment for the
                                                  11
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 “nature and circumstances of the offense” as well as further the aims of specific and general
 deterrence. See id. §§ 3553(a)(1), (a)(2)(B) & (a)(2)(C).

                 The nature and circumstances of the defendant’s offenses were extraordinarily
 serious. See 18 U.S.C. § 3553(a)(1). The defendant’s crimes of conviction—wire fraud
 conspiracy and aggravated identity theft—are inherently serious. By using stolen PII of victims,
 the defendant and co-conspirators worked to attempt to steal greater than $3.5 million. See
 United States v. Sadleir, No. 20-CR-320 (PAE), 2023 WL 6497727, at *6 (S.D.N.Y. Oct. 5,
 2023) (denying compassionate release for defendant convicted of wire fraud, reasoning under the
 § 3553(a) factors that “[t]hese scams are gravely serious for obvious reasons,” including that
 “[t]hey deprived victims, private and public, of millions of dollars”). Moreover, the defendant
 and his co-conspirators used compromised personal information of approximately 880 victims,
 including their dates of birth and social security numbers, to steal funds and enrich themselves.
 To be sure, the defendant’s fraudulent schemes have had lasting effects on his victims beyond
 the loss of their savings, as his crimes resulted in victims suffering from fraudulent debts that
 remain with the victims and deteriorate the victim’s credit, jeopardizing their future financial
 security.

                As explained above, the defendant not only engaged in fraudulent schemes, but
 actively taught others and showed them how to “scam” innocent victims out of their personal and
 bank information. The defendant texted co-conspirators, as he did to Kevin Wint in January
 2021, with new and successful ways to defraud victims and steal their information for fraudulent
 uses, and also provided them with victims’ PII to use, only further spreading the victims’
 information to defraud them.

                 The defendant’s use of his fraudulent proceeds to fund his and the Ninedee
 Gang’s illegal possession of firearms and the violent activities also weighs in favor of a serious
 sentence. By committing fraud, purchasing firearms and shooting a rival gang member, the
 defendant was able to perpetuate the Ninedee Gang’s existence and encourage members and
 associates of the Ninedee Gang to possess firearms and engage in acts of violence. In the Second
 Circuit’s en banc decision in United States v. Cavera, the Court highlighted the specific dangers
 posed by firearm crimes in the Eastern District of New York. 550 F.3d 180 (2d Cir. 2008). As
 the Court explained in affirming the district court’s upward departure 14 on this basis:

                [U]rban areas have higher homicide rates than suburban and rural
                areas; that in those parts of New York City included in the Eastern
                District of New York, population density sometimes exceeded
                35,000 persons per square mile when the national average was only
                78 persons per square mile; and that guns smuggled into New York
                City frequently end up in the hands of persons not legally authorized
                to possess them and are used for illegitimate purposes . . . From
                these circumstances, [the district court] concluded that firearm


        14
               For avoidance of doubt, the government is not seeking an upward departure in this
 case. See Plea Agreement ¶ 6(b).

                                                 12
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                trafficking into New York City, and specifically into those boroughs
                in the Eastern District of New York, presented a greater risk of harm.

 Cavera, 550 F.3d at 195. The defendant’s crimes provided Ninedee Gang members fodder to
 tout publicly, often bragging about the gang’s scamming successes and violent crimes. Indeed,
 the promotion of Ninedee Gang crimes and gun violence served to promote the gang and hold
 the gang out as something others—particularly younger boys and men in the Pink Houses—
 should desire to gain entrance to. The Ninedee Gang, through the defendant, forces too many of
 the youth of the Pink Houses to become embroiled in the gang’s violent rivalry that has plagued
 the housing complex for many years.

                 Moreover, the shooting committed by the defendant in September of 2017, when
 he shot rival gang member “Little Russ,” also known as “Russ Balla,” showed complete
 disregard for human life. The defendant shot this rival during the annual West Indian American
 Day parade and celebration in Crown Heights, Brooklyn, that takes place on Labor Day each
 year. After being shot in the abdomen by the defendant, the victim emerged from the crowd on
 the parade route and approached police, seeking help for his wounds and injuries. See Ex. G,
 Police Report. Tragically, gang members such as the defendant use the cover of the Labor Day
 celebration in Brooklyn to commit violent acts against rival gang members, putting civilians on
 the parade risk at grave risk of death each year. 15

                In light of the nature and circumstances of the offenses committed by the
 defendant, a term of imprisonment of 145 months is appropriate.

        B.      The History and Characteristics of the Defendant

                The history and characteristics of the defendant also justify a sentence at the top
 of the applicable Guidelines. See 18 U.S.C. § 3553(a)(1). The defendant has been convicted
 twice of dangerous firearms crimes by possessing a sawed-off shotgun and shooting a victim in
 the leg. In other words, the defendant has a consistent history of committing violent crimes and
 remains undeterred by his prior arrests and convictions. Indeed, despite the defendant’s
 sentenced one-year and four-year terms of imprisonment, his conduct has shown that those
 sentences did not alter his unwavering commitment to engage in criminal activity. Notably, he
 committed the “Russ Balla” shooting in the middle of a parade route after sustaining both of
 these convictions and completing his term of incarceration. The defendant has now victimized
 nearly 900 people, exploiting a worldwide health crisis for his and his gang’s gain.

                The defendant’s history and characteristics are those of someone who does not
 believe the law applies to him. At the outset, the defendant’s disciplinary history while in state
 custody demonstrates that the defendant refused to abide by rules, even while incarcerated.

        15
                 See “7 shot as violence mars end of West Indian American Day celebrations—
 again,” https://www.nbcnewyork.com/brooklyn/west-indian-american-day-parade-
 violence/6381544/ (accessed on September 8, 2025); “Gun violence after Brooklyn’s West
 Indian Day Parade overshadowed otherwise festive weekend,”
 https://www.cbsnews.com/newyork/news/brooklyn-west-indian-day-parade-shooting-gun-
 violence/ (accessed on September 8, 2025).
                                                 13
Case 1:24-cr-00369-DLI        Document 31        Filed 09/09/25      Page 14 of 14 PageID #: 115




 More importantly, the defendant committed the instant offenses, possessed firearms and
 furthered the violent aims of the Ninedee Gang all while on parole, which did not expire until
 June 2021. This Court should send a clear a message when it sentences the defendant—that such
 conduct will be severely punished. The defendant’s history and characteristics weigh heavily in
 favor of a sentence at the top of his Guidelines range.

        C.      Respect for the Law, Just Punishment, the Need for Deterrence and Protecting the
                Public from Further Crimes of the Defendant

                 With respect to the other Section 3553 factors, a sentence of 145 months’
 imprisonment will promote respect for the law, provide just punishment and provide adequate
 deterrence to the defendant himself and to others contemplating similar acts. See 18 U.S.C.
 § 3553(a)(2). As discussed above, see Section I.A, the defendant’s crimes and the far-reaching
 harm from his fraud schemes and financial support of, and crimes with, the Ninedee Gang are
 serious and require significant punishment. A sentence at the top of the applicable Guidelines
 range will also make clear to the defendant’s associates that criminal conduct in association with
 organized criminal groups in particular will result in serious penalties. Only a significant
 sentence can thus promote respect for the law in these circumstances. Further, such a sentence is
 necessary to protect the public by preventing the defendant from continuing to participate in
 gang-related crimes for as long as possible.

              In light of all of the facts set forth herein, a sentence of 145 months’
 imprisonment would best serve these important purposes of sentencing.

 V.     Conclusion

               For the reasons set forth above, the government respectfully asks the Court to
 impose a term of imprisonment of 145 months, at the top of the applicable Guidelines range.


                                                      Respectfully submitted,

                                                      JOSEPH NOCELLA, JR.
                                                      United States Attorney

                                               By:      /s/
                                                      Emily J. Dean
                                                      Irisa Chen
                                                      Assistant U.S. Attorneys
                                                      (718) 254-6059/6124



 cc:    Clerk of the Court (DLI) (by ECF)
        Andre Traveiso, Esq. (by ECF and Email)
        Brian H. Woo, U.S. Probation Officer (by Email)


                                                 14


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