Opinion
18Cr. 586 (ALC)
07-12-2021
UNITED STATES OF AMERICA v. KEVIN TAYLOR
AUDREY STRAUSS United States Attorney for the Southern District of New York By: Andrew K. Chan / Elinor Tarlow By: Kevin Taylor By: Steven G. Brill, Esq. Sullivan & Brill LLP
AUDREY STRAUSS United States Attorney for the Southern District of New York By: Andrew K. Chan / Elinor Tarlow By: Kevin Taylor By: Steven G. Brill, Esq. Sullivan & Brill LLP
CONSENT ORDER OF RESTITUTION
HONORABLE ANDREW L. CARTER UNITED STATES DISTRICT JUDGE
Upon the application of the United States of America, by its attorney, Audrey Strauss, United States Attorney for the Southern District of New York, Andrew K. Chan and Elinor Tarlow, Assistant United States Attorneys, of counsel; the presentence report; the Defendant's conviction on Count Five of the above Indictment; and all other proceedings in this case, it is hereby ORDERED that:
1. Amount of Restitution
Kevin Taylor, the Defendant, shall pay restitution in the total amount of $1, 550.00, pursuant to 18 U.S.C. § 3663; 18 U.S.C. § 3663A (MVRA), to the victims of the offense charged in Count Five. The names, addresses, and specific amounts owed to each 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 the 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 identified in the Schedule of Victims, attached hereto as Schedule A.
2. Schedule of Payments
Pursuant to 18 U.S.C, § 3664(f)(2), 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:
In the interest of justice, restitution shall be payable in installments pursuant to 18 U.S.C. § 3572(d)(1) and (2). While serving the term of imprisonment, the Defendant shall make installment payments toward his restitution obligation, and may do so through the Bureau of Prisons' (BOP) Inmate Financial Responsibility Plan (IFRP). Pursuant to BOP policy, the BOP may establish a payment plan by evaluating the Defendant's six-month deposit history and subtracting an amount determined by the BOP to be used to maintain contact with family and friends. The remaining balance may be used to determine a repayment schedule. BOP staff shall help the Defendant develop a financial plan and shall monitor the inmate's progress in meeting his restitution obligation. Any unpaid amount remaining upon release from prison will be paid monthly installment payments of in an amount equal to 10 percent of the Defendant's gross income, payable on the 1 st of each month.
If the Defendant defaults on the payment schedule set forth above, the Government may pursue other remedies to enforce the judgment.
3. Payment Instructions
The Defendant shall make restitution payments by certified check, bank check, money order, wire transfer, credit card or cash. Checks and money orders shall be made payable to the “SDNY Clerk of the Court” and mailed or hand-delivered to: United States Courthouse, 500 Pearl Street, New York, New York 10007 - Attention: Cashier, as required by 18 U.S.C. § 3611. The [XXXXX] .
6. Sealing
Consistent with 18 U.S.C. §§3771(a)(8) & 3664(d)(4) and Federal Rule of Criminal Procedure 49.1, to protect the privacy interests of victims, the Schedule of Victims, attached hereto as Schedule A, shall be filed under seal, except that copies may be retained and used or disclosed by the Government, the Clerk's Office, and the Probation Department, as need be to effect and enforce this Order, without further order of this Court.
SO ORDERED