U.S. v. Dupre

Full title: UNITED STATES OF AMERICA v. ROBERTA DUPRE AND BEVERLY STAMBAUGH, Defendants

Court: United States District Court, S.D. New York

Date published: Mar 16, 2007

04 CR 267 (DLC) (S.D.N.Y. Mar. 16, 2007)

Opinion

04 CR 267 (DLC).

March 16, 2007

MEMORANDUM OPINION AND ORDER

DENISE COTE, District Judge

The issue of the amount of restitution which should be ordered in connection with the resentencing of these two defendants was fully submitted on March 15, 2007. The defendants do not dispute that a restitution order in the amount of $967,374.82 should be entered against them. The Government requests entry of an order in the amount of $1,593,013.93, or over $600,000 more.

The parties agree that restitution is required in the amounts of and to the individuals who sent wire transfers to the defendants through Western Union or by bank wire, as reflected in the Government's records. The dispute stems from the following. The Government sent letters to roughly 700 victims and received 145 affirmations claiming losses. Some of the affirmations were supported by documents created at the time the victims sent the money to the defendants, such as Western Union money transfer receipts, email messages, or confirmatory documents issued by the defendants. The Government has accepted the amounts of losses claimed in the affirmations. It is hereby

ORDERED that restitution is entered in the amount of $967,374.82, as agreed by the parties, to the individual victims identified by the Government.

IT IS FURTHER ORDERED that restitution is entered as well to the following extent for those victims who have submitted affirmations. Restitution is ordered in the amount of loss claimed by each individual who submitted an affirmation so long as the claimed loss did not exceed $1,000. Where the affiant claims a loss that exceeds $1,000, restitution is ordered in an amount that is reflected in or supported by any documents that the affiant has submitted or the Government has in its possession that were generated contemporaneously with the loss.

IT IS FURTHER ORDERED that, by March 20, 2007 at 5 p.m., the Government shall provide the defendants with its revised calculations based on these rulings and an opportunity for their counsel to inspect the documentation on which the Government is relying. Any objection by the defendants to the revised calculation is due March 22, 2007 at noon.

SO ORDERED: