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U.S. v. NUDELL

May 07, 2004.

UNITED STATES OF AMERICA -against- MYRIAM NUDELL, Defendant


The opinion of the court was delivered by: ROBERT SWEET, Senior District Judge

SENTENCING OPINION

On July 23, 2001, defendant Myriam Nudell ("Nudell") allocuted to one count of Conspiracy to Commit Money Laundering, in violation of 18 U.S.C. § 1956 (h), and her plea was accepted on December 10, 2001. From at least 1998 through November 2000, Nudell. and others conspired to launder narcotics proceeds in violation of 18 U.S.C. § 1956 (a)(1)(B)(i). Nudell will be sentenced to 87 months' imprisonment to be followed by three years' supervised release. She is further ordered to pay a fine of $15,000. A special assessment fee of $100 is mandatory and is due immediately.

Background

  This statement of facts draws on the Presentence Investigation Report prepared by the U.S. Probation Office. The Defendant

  Nudell was reportedly born Myriam Gaitan Martin on June 19, 1944 in Bogota, Colombia. She is the second of five children born to the marital union of Alfredo Gaitan, now deceased, and Blanca Martin, who currently resides in Colombia.

  According to Nudell, she entered the United States on December 20, 1967 and has lived here ever since. She reported that she became a U.S. citizen on November 2, 1978.

  On July 27, 1975, Nudell reportedly married Leslie Nudell in Nassau County, New York. The defendant and her husband have two children together, one of whom continues to reside with Nudell and her husband in Melville, New York.

  According to Nudell, she completed her high school education in Bogota, Colombia. She reported no educational experience in the United States with the exception of a real-estate salesperson course attended from 2001 to 2002. Nudell stated that she passed the New York State exam but that she never applied for a license.

  Nudell currently performs domestic work cleaning homes for various individuals and families on Long Island. She reportedly earns about $1,100 per month. From 2001 to 2003 she worked as a day-care provider for Carol O'Connell, who reported that Nudell was an excellent employee.

  From 2000 to 2001, Nudell worked for a temporary employment agency, performing such tasks as data entry. In July 2000, Nudell reportedly tried to start an employment agency known as Myriam's Agency in Glen Head, New York. She advised that she completed all of the necessary paperwork but never conducted any business, and Myriam's Agency was officially closed on November 16, 2000.

  In January 1998, Nudell started a business in Manhattan called Fortune Import/Export Corp., where she bought women's clothing wholesale and resold the clothing to customers who came to New York. Due to competition and the devaluation of the peso, Nudell closed this business on June 30, 2000.

  From 1993 to 2000, Nudell operated a sole proprietorship called Fashions By Myriam, which she operated from her home. She reportedly bought women's clothing from the fashion district wholesale and then traveled to Colombia where she resold the items to various boutiques.

  From approximately 1977 until 1993, Nudell was primarily a full-time mother for her children. However, she traveled to Colombia frequently and sold clothing there that she brought from the United States. Prior to that time Nudell was employed as a secretary in Manhattan as well as, before 1967, in Colombia.

  Due to unsecured debt in the form of credit cards, Nudell has liabilities in the amount of $7,900. Nudell's net monthly cash flow, including her spouse's income and a contribution from her son, amounts to $873. The Nudell family has three cars, all registered to Nudell's husband. They are unencumbered assets, valued at $19,500. The Nudell family home is currently valued at $550,000, ...


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