Opinion
99 Crim. 1015 (LAK)
July 25, 2000
ORDER
The Court having deferred the entry of an order of restitution and having received and considered the letter of the government, dated July 18, 2000, agreed to by defendant, it is hereby ORDERED, that defendant make restitution in the aggregate amount of $275,000 of which sum $106,413.16 shall be payable to Citibank, $103,020.52 to Banco Popular and $65,566.32 to Chase Bank. Restitution shall be payable in monthly installments each of which shall be equal to the Earned Income Amount for the preceding month plus the Unearned Income Amount for the preceding month. The obligation to make such payments shall begin on the first day of the month beginning after his release from the term of imprisonment imposed hereby and shall end on the fifth anniversary thereof or the date of full payment of restitution, whichever first occurs. It is further ORDERED, that, for purposes of this Order, the following terms are defined as follows:
Earned Income Amount for any month means 10% of the defendant's earned income, up to $3,000 for that month; plus 25% of the defendant's earned income in excess of $3,000 but not in excess of $5,000, for that month; plus 40% of the defendant's earned income in excess of $5,000 for that month.
Unearned Income Amount for any month means 90% of all other revenues received by the defendant for that month (including but not limited to investment income, interest, rental income, gifts, bequests, and gambling winnings but excluding unemployment insurance benefits, health insurance benefits, and public assistance).