United States v. Barrett, S.D.N.Y. No. 1:23-cr-00623, Doc. 105: Order (restitution schedule), Oct. 27, 2025

Summary

A Consent Order of Restitution, Document 105, filed October 27, 2025 in United States v. Dewayne Barrett, Case 1:23-cr-00623-JLR (S1 23 Cr. 623), in the U.S. District Court for the Southern District of New York. The order directs Barrett to pay restitution of $1,817,595.00 under 18 U.S.C. § 3663A for the offense charged in Count One of the S1 Information, and states that restitution is not joint and several. It sets payment in monthly installments of at least 15 percent of gross income, or $25 per quarter while in custody, and ends liability at the later of 20 years from judgment or 20 years after release. Schedule A lists the Small Business Administration at $1,713,433, Capital Plus Financial LLC at $62,496 and Harvest Small Business Finance, LLC at $41,666.

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 1:23-cr-00623-JLR         Document 105        Filed 10/27/25      Page 1 of 5




UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
____________________________________

UNITED STATES OF AMERICA                                     Consent
                                                             Order of Restitution
               v.

DEWAYNE BARRETT                                              S1 23 Cr. 623 (JLR)
__________________________________

        Upon the application of the United States of America, by its attorney, JAY CLAYTON,

United States Attorney for the Southern District of New York, Sarah Mortazavi, Assistant United

States Attorney, of counsel; the presentence investigation report; the defendant’s conviction on

Counts One of the S1 Information; and all other proceedings in this case, it is hereby ORDERED

that:


        1.     Amount of Restitution

        DEWAYNE BARRETT, the defendant, shall pay restitution in the total amount of

$1,817,595.00, pursuant to 18 U.S.C. § 3663A, to the victim of the offense charged in Count One.

The name, address, and specific amount owed to the victim are set forth in the Schedule of Victims,

attached hereto as Schedule A. Upon advice by the United States Attorney’s Office of a change

of address of a victim, the Clerk of Court is authorized to send payments to the new address without

further order of this Court.

               A.      Joint and Several Liability

        Restitution is not joint and several with other defendants or with others not named herein.

               B.      Apportionment Among Victims

        Pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid before the United

States is paid. Restitution shall be paid to the victim(s) identified in the Schedule of Victims,

attached hereto as Schedule A, on a pro rata basis, whereby each payment shall be distributed


2025.02.20
       Case 1:23-cr-00623-JLR          Document 105        Filed 10/27/25      Page 2 of 5




proportionally to each victim based upon the amount of loss for each victim, as set forth more fully

in Schedule A.

       2.        Schedule of Payments

       Pursuant to 18 U.S.C. § 3664(f)(2) (incorporating § 3572), in consideration of the financial

resources and other assets of the defendant, including whether any of these assets are jointly

controlled; projected earnings and other income of the defendant; and any financial obligations of

the defendant; including obligations to dependents, the defendant shall pay restitution in the

manner and according to the schedule that follows:

                 The total amount of restitution is due immediately; however, in the interest of

justice, restitution will be payable in installments pursuant to 18 U.S.C. § 3572(d)(1) and (2).

The defendant will commence monthly installment payments of at least 15 percent of the

defendant’s gross income, payable on the first of each month, except that while the defendant

serves a term of imprisonment, the required installment payments may be made through the Bureau

of Prisons’ (BOP) Inmate Financial Responsibility Program (IFRP), subject to 18 U.S.C. §

3664(n), and may be payable at a rate of $25 per quarter while in custody.

       This schedule is without prejudice to the Government taking enforcement actions,

pursuant to 18 U.S.C. §§ 3613 and 3664(m)(1)(A), to the extent warranted.

3.     Payment Instructions
       The defendant shall make restitution payments by certified check, money order, or online.

Instructions for online criminal debt payments are available on the Clerk of Court’s website at

https://nysd.uscourts.gov/payment-information#PaymentofCriminalDebt. Checks and money

orders shall be made payable to the “SDNY Clerk of Court” and mailed or delivered to: United

States Courthouse, 500 Pearl Street, New York, New York 10007 - Attention: Cashier, as required



2025.02.20                                       2
        Case 1:23-cr-00623-JLR           Document 105            Filed 10/27/25   Page 3 of 5




by 18 U.S.C. § 3611. The defendant shall write his name and the docket number of this case on

each check or money order.

        4.      Change in Circumstances

        The defendant shall notify, within 30 days, the Clerk of Court, the United States Probation

Office (during any period of probation or supervised release), and the United States Attorney’s

Office, 86 Chambers Street, 3rd Floor, New York, New York 10007 (Attn: Financial Litigation

Program) of (1) any change of the defendant’s name, residence, or mailing address or (2) any

material change in the defendant’s financial resources that affects the defendant’s ability to pay

restitution in accordance with 18 U.S.C. § 3664(k).

        5.      Term of Liability

        The defendant’s liability to pay restitution shall terminate on the date that is the later of 20

years from the entry of judgment or 20 years after the defendant’s release from imprisonment, as

provided in 18 U.S.C. § 3613(b). Subject to the time limitations in the preceding sentence, in the

event of the death of the defendant, the defendant’s estate will be held responsible for any unpaid

balance of the restitution amount, and any lien filed pursuant to 18 U.S.C. § 3613(c) shall continue

until the estate receives a written release of that liability.

        AGREED AND CONSENTED TO:

        JAY CLAYTON
        United States Attorney for the
        Southern District of New York

        By: ___/s/________________________                               _10/16/2025_________
        Sarah Mortazavi                                                  DATE
        26 Federal Plaza
        New York, NY 10278
        Tel.: (212) 637 – 2520




2025.02.20                                          3
       Case 1:23-cr-00623-JLR      Document 105   Filed 10/27/25   Page 4 of 5




       DEWAYNE BARRETT

       By: /s/ Dewayne Barrett / msc_______               10/27/2025___
       DEWAYNE BARRETT                                    DATE


       By: /s/ Martin Cohen ______________                10/27/2025___
       Martin Cohen, Esq.                                 DATE
       Counsel for defendant


       SO ORDERED:

       ___________________________________                10/27/2025
                                                          _____________
       HONORABLE JENNIFER L. ROCHON                       DATE
       UNITED STATES DISTRICT JUDGE




2025.02.20                                    4
       Case 1:23-cr-00623-JLR     Document 105      Filed 10/27/25   Page 5 of 5




                                       SCHEDULE A

 Small Business Administration                       $1,713,433
 409 3rd Street SW
 Washington, DC 20416
 Capital Plus Financial LLC                          $62,496
 2247 Central Drive
 Bedford, TX 76021
 Harvest Small Business Finance, LLC                 $41,666
 24422 Avenida De La Carlota #400
 Laguna Hills, CA 92653




2025.02.20


File and source

File

105-order.pdf

Size

275,467 bytes

SHA-256

debb68192df04009fbe352795157661457deb2315fb1a1aacce7de759e6e0e91

Our copy

105-order.pdf

Original

storage.courtlistener.com