Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.


United States District Court, S.D. New York

May 07, 2004.


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


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.


  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, although mortgages have been taken on it to fund various businesses and projects in Nudell's husband's name.

  Nudell reports that she is in good health and has never used any form of controlled substance. On November 5, 2003, Nudell was tested for the use of controlled substances and the results of the test were negative for all controlled substances.

  Nudell has no known prior convictions.

 The Offense

  Nudell was a member and leader of a money laundering organization involving at least five co-conspirators in the New York City area from at least 1998 through November 2000. The organization's money-laundering activities were rooted in what is commonly referred to by law enforcement as the Black Market Peso Exchange ("BMPE"). The BMPE is an illegal currency exchange process which operates parallel to the official exchange system controlled by the Colombian government by affording individuals in Colombia who seek to purchase U.S. dollars a means to do so at rates of exchange more favorable than those offered through legitimate commercial channels.

  Nudell and other members of the conspiracy collected narcotics proceeds in the New York area from co-conspirators acting on behalf of Colombian drug traffickers. The cash would then be laundered by forwarding the proceeds' equivalent in pesos to traffickers or their representatives in Colombia through various means. Nudell and other members of the conspiracy conducted many of their money-laundering activities from the offices of Fortune Import-Export, Inc., a clothing business located in Manhattan.

  As part of an extended investigation by the U.S. Drug Enforcement Administration (DEA) into the conspiracy using confidential informants, wiretaps, physical surveillance, and cooperating witnesses, Nudell was arrested on November 24, 2000.

  According to the government, the conspiracy involved the laundering of almost $600,000 in narcotics proceeds. While she was not formally charged due to the statute of limitations, at her allocution Nudell admitted to engaging in money-laundering activities from 1992 to 1993. Nudell acknowledged that the sum laundered during that time period, $518,000, is considered relevant conduct and agreed that it should be used in calculating the applicable sentencing range under the Guidelines in this case.

 The Guidelines

  The November 1, 2000 edition of the United States Sentencing Commission Guidelines Manual, the edition in effect at the time the offense was committed, has been utilized in this case for calculation purposes, in accordance with § 1Bl.ll(b)(1).

  The guideline for a violation of 18 U.S.C. § 1956 is found in § 2S1.1, which provides for a base offense level of 20, pursuant to § 2Sl.l(a)(2).

  As Nudell believed that the funds she laundered were the proceeds of narcotics transactions, a three-level increase is applicable, pursuant to § 2S1.1(b)(1). In addition, because Nudell conspired to launder approximately $600,000 during the course of the conspiracy, as well as approximately $518,000 in narcotics proceeds between 1992 and 1993, which is considered relevant conduct, the total amount of funds laundered is approximately $1,118,000. Pursuant to § 2S1.1(b)(2)(F), a five-level increase is applied. Nudell was the organizer of a conspiracy which involved at least five participants and used her business to launder the funds and dictated the moves that were instrumental to the conspiracy's success. Accordingly, her offense level is increased by four additional levels pursuant to § 3Bl.l(a).

  Based on Nudell's plea allocution, her recognition of responsibility for the offense, and her timely notification of her intention to plead guilty, and because the aforementioned base offense level is 16 or greater, the offense level is reduced by three levels pursuant to §§ 3El.l(a) and 3El.l(b).

  The resulting applicable offense level is 29.

  Nudell has no known criminal convictions; accordingly, she has zero criminal history points and a Criminal History Category of I.

  Based on these calculations, the guideline range for imprisonment is 87 to 108 months. The statutory maximum term of imprisonment is twenty years, pursuant to 18 U.S.C. § 1956 (h).

  If a term of imprisonment is imposed, a term of supervised release of not more than three years may also 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 § 5Dl.l(b). Supervised release is required if a term of imprisonment of more than one year is imposed or when required by statute, pursuant to § 5Dl.l(a).

  Nudell 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, pursuant to 18 U.S.C. § 3563 (a)(2) one of the following must be imposed as a condition of probation unless extraordinary circumstances exist: a fine, restitution, or community service.

  Under the Guidelines, because the applicable guideline range is in Zone D of the Sentencing Table, Nudell is not eligible for probation, pursuant to § 5B1.1, Application Note 2.

  The statutory maximum fine is $1.2 million, pursuant to 18 U.S.C. § 3571. The guideline fine range for the instant offense is from $15,000 to $1,200,000, pursuant to §§ 5E1.2(c)(3)(A) and 5E1.2 (c)(4).

  Subject to Nudell's ability to pay, the expected costs to the government of any imprisonment, probation, or supervised release shall be considered in imposing a fine, 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.

  A special assessment of $100 is mandatory, pursuant to 18 U.S.C. § 3013.

  Pursuant to the Violent Crime Control and Law Enforcement Act of 1994, all offenders on probation, parole or supervised release for offenses committed after September 13, 1994, are required to submit to one drug test within fifteen days of commencement of probation, parole or supervised release and at least two drug tests thereafter for use of a controlled substance, unless ameliorated or suspended by the court due to its determination that the defendant poses a low risk of future substance abuse as provided in 18 U.S.C. § 3563 (a)(5) and 3583(d).

 The Sentence

  Nudell is sentenced to 87 months' imprisonment, to be followed by three years of supervised release. Nudell shall pay a fine of $15,000, to be paid in monthly installments of 15% of gross monthly income over the period of supervision to commence 30 days after the date of her release from custody. A special assessment fee of $100 payable to the United States is mandatory and due immediately.

  Nudell will be allowed to voluntarily surrender.

  Nudell shall report to the nearest Probation Office within 72 hours of her release from custody, and supervision shall be in the district of residence.

  As mandatory conditions of supervised release, Nudell 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 the determination that Nudell poses a low risk of future substance abuse.

  This sentence is subject to modification at the sentencing hearing now set for May 17, 2004.

  It is so ordered.


© 1992-2004 VersusLaw Inc.

Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.