Opinion
15-CR-333
04-16-2021
United States of America v. GERY SHALON,
AUDREY STRAUSS United States Attorney AUSA Sarah Lai Assistant United States Attorney
USAO# 2014R01165
U.S.M.S. Register No. M19-1-14116
AUDREY STRAUSS
United States Attorney
AUSA Sarah Lai
Assistant United States Attorney
SEALED ORDER FOR RETURN OF BAIL
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE.
An order having heretofore been made in this case authorizing the Clerk of this Court to accept the sum of SEVEN MILLION DOLLARS ($7,000,000.00) cash, and to deposit the same in the registry of this Court, as a condition to assure the appearance of the above-named defendant before the United States District Court for the Southern District of New York in accordance with the provisions of the bond given by the said defendant; and
WHEREAS the docket reflects that on JANUARY 8, 2021 the defendant was sentenced by U.S. DISTRICT JUDGE LAURA TAYLOR SWAIN and received a sentence of TIME SERVED, 12 MONTHS' SUPERVISED RELEASE, A $3,300.00 SPECIAL ASSESSMENT, and $19,952,861.00 IN RESTITUTION.
WHEREAS the defendant's conviction has become final and there are no further proceedings before this Court for which the defendant's presence is required; and
WHEREAS the Government has not alleged and moved under 28 U.S.C. § 2044 that the above funds belong to the defendant and should accordingly be applied to the payment of any assessment, fine, restitution, forfeiture or penalty imposed upon the defendant; and
WHEREAS the Government has no objection to the Clerk of the Court returning the funds deposited as bail to their rightful owner or other person entitled to such money under 28 U.S.C. §§ 2041 & 2044; and
WHEREAS the Government is not aware of any other reason the funds deposited as bail should not be returned to their rightful owner or other person entitled to them;
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to 28 U.S.C. § 2042, that the amount deposited as bail referenced in the first paragraph of this Order, less any applicable Clerk's fees and Registry fees, be withdrawn by the Clerk of the Court from the CRIS system, along with any accrued interest, and be returned to IRA SHALON;
IT IS FURTHER ORDERED that this Order be filed under seal, for the reasons stated in the Court's January 29, 2021, sealed order in this case.