United States District Court, S.D. New York
February 2, 2004.
UNITED STATES OF AMERICA, -against- MARC LOBEL, Defendant
The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge
Defendant Marc Lobel ("Lobel") pled guilty on December 12, 2003 to
Conspiracy to Commit Money Laundering in violation of 18 U.S.C. § 1956(h).
He participated in an offense involving the proceeds of illegal gambling
and bookmaking that affected interstate and foreign commerce and to
conspiring to commit unlawful financial transactions, in violation of
18 U.S.C. § 1956 (a)(1)(A)(i) and 18 U.S.C. (a)(1)(B)(i). Lobel avoided
transaction reporting requirements, in violation of 18 U.S.C. § 1956 (a)
(1)(B) (ii), and engaged in monetary transactions in criminally derived
property having a value greater than $10,000, in violation of
18 U.S.C. § 1957. Lobel will be sentenced to 3 years of probation, which
will include a 6 month term of confinement. A special assessment fee of
$100 is mandatory.
Lobel was born on September 27, 1965 in Brooklyn, New York to the legal
union of Michael Lobel and Monica Lobel. He is the oldest of two
children. Lobel's father, age 61, is a retired plumber, and Lobel's
mother, age 59, works part-time as a receptionist. Lobel's parents reside
in Long Beach, New York.
Lobel has a 5 year-old son, Justin Laurino, age 5, who was born in his
prior relationship with Cheryl Laurino. On March 3, 2003, pursuant to a
Nassau County Family Court Order, Lobel was awarded temporary custody of
his son. An additional Family Court Order, dated July 25, 2003, directed
that Cheryl Laurino stay away from Lobel's home, refrain from having any
communication with Justin, and only have supervised visits with him.
Lobel is currently involved in a romantic relationship with Wendy
Murphy, age 31, who is employed as a featured adult entertainer.
Lobel has been residing in his parent's home for approximately nineteen
months. He has never resided outside of New York.
Lobel reported that he used cocaine and marijuana when he was 17 and 18
years old. He reports no additional illicit drug use.
In 1984, Lobel graduated from Long Beach High School. In 1985, he
attended courses in plumbing sponsored by the plumbing union through the
New York Trades at New York University.
Since 1999, Lobel has been the owner of 2-4 Dozen Bagels, a bagel shop,
located in Oceanside, New York. Lobel's 2002 income tax report indicated
that his business operated at a loss in that year. In early 2003, Lobel
opened Just-in-time, a home improvement business operating out of his
residence. Lobel characterized his income as minimal.
The instant offense represents Lobel's first criminal conviction.
Lobel has been convicted of Conspiracy to Commit Money Laundering. He
worked for Milton Bialostok's bookmaking operation as a pay and collect
agent. Lobel used his business checking account to conceal the source and
ownership of gambling and illegal bookmaking proceeds and to avoid the
transaction reporting requirements under New York State and Federal Law.
The parties stipulate that the guideline applicable to Count One is §
2S1.1. Pursuant to § 2S1.1 (a)(1)(A), the base offense level is the
offense level for the underlying offense from which the laundered funds
were derived. The underlying offense is bookmaking, and the guideline
applicable to bookmaking is § 2E3.1, pursuant to which the base offense
level is 12.
The offense level is increased by 2 levels because Lobel was convicted
under 18 U.S.C. § 1956, pursuant to § 2S1.1(b)(2)(B). The parties
stipulate to a mitigating role adjustment pursuant to § 3B1.2(b) because
Lobel was a minor participant in the offense conduct, resulting in a 2
level decrease. Due to acceptance of responsibility, a further two-level
reduction is warranted, pursuant to § 3E1.1(a), resulting in a Guidelines
Offense Level of 10.
Lobel's Criminal History Category is I.
Based on these calculations, Lobel's stipulated sentencing Guidelines
range is 6 to 12 months. The maximum term of imprisonment is 20 years,
pursuant to 18 U.S.C. § 1956(h).
The minimum term of imprisonment may be satisfied by (1) a sentence of
imprisonment; or (2) a sentence of imprisonment that
includes a term of supervised release with a condition that substitutes
community confinement or home detention, provided that at least one month
is satisfied by imprisonment, pursuant to § 5C1.1(c); or (3) a sentence of
probation that includes a condition or combination of conditions that
substitute intermittent confinement, community confinement, or home
detention for imprisonment.
If a term of imprisonment is imposed, a term of supervised release of
not more than three years can be imposed, pursuant to 18 U.S.C. § 3583 (b)
(2). The guideline range for a term of supervised release is at least two
years but not more than three years, pursuant to § 5D1.2(a)(2). If a
sentence of imprisonment of one year or less is imposed, a term of
supervised release is not required but is optional, pursuant to §
5D1.1(b). Supervised release is required if a term of imprisonment of
more than one year is imposed.
Lobel is eligible for not less than one nor more than five years'
probation by statute, pursuant to 18 U.S.C. § 3561 (c)(1). Because the
offense is a felony, one of the following must be imposed as a condition
of probation unless extraordinary circumstances exist: a fine,
restitution, or community service, pursuant to 18 U.S.C. § 3563 (a)(2).
Under the guidelines, Lobel is eligible for probation provided the
Court imposes a condition that substitutes intermittent
confinement, community confinement, or home detention for at least 6
months, pursuant to § 5B1.1 (a)(2). If probation* is imposed, the
term must be at least one year but not more than five years because the
offense level is 10, pursuant to § 5B1.2(a)(1).
A special assessment of $100 is mandatory, pursuant to 18 U.S.C. § 3013.
The maximum fine is $500,000, pursuant to 18 U.S.C. § 3571. Subject to
the defendant's ability to pay, the expected cost to the government of
any imprisonment, probation, or supervised release shall be considered,
pursuant to § 5E1.2(d)(7). The most recent advisory from the
Administrative Office of the United States Courts suggests a monthly cost
of $1,876.61 to be used for imprisonment, a monthly cost of $283.23 for
supervision, and a monthly cost of $1,475.67 for community confinement.
Lobel will be sentenced to three years of probation, which will include
a 6 month term of home confinement. The instant offense represents
Lobel's first criminal conviction. Based upon his role in the conspiracy,
a term of imprisonment is not warranted.
Lobel shall be fined $2,000. A special assessment fee of $100 is
mandatory and is due immediately.
Lobel is to report to the nearest Probation Office within 72 hours of
his release from custody, and supervision shall be in the district of
residence. As mandatory conditions of supervised release, Lobel shall (1)
abide by the standard terms of supervised release (1-13); (2) not commit
another federal, state, or local crime; (3) not illegally possess a
controlled substance; and (4) not possess a firearm or destructive
device. The mandatory drug testing condition is suspended based on
Lobel's low risk of future substance abuse.
In addition, Lobel shall comply with the conditions of home confinement
for a period of 6 months. During this time, he will remain at his place
of residence except for employment and other activities approved by the
probation officer. He will maintain a telephone at his place of residence
without call forwarding, a modem, caller ID, or call waiting. He further
will not use portable cordless telephones for this period. At the
direction of the probation officer, he shall wear an electronic
monitoring device and follow electronic monitoring procedures. Home
confinement shall commence on a date to be determined by the probation
officer. Lobel shall pay the costs of home confinement on a self-payment
or co-payment basis, as directed by the probation officer.
This sentence is subject to modification at the sentencing hearing now
set for February 4, 2004.
It is so ordered.
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