United States District Court, S.D. New York
GEOFFREY S. BERMAN United States Attorney for the Southern
District of New York Andrew K. Chan / Margaret Graham DATE
One Saint Andrew's Plaza New
CIRIKOVIC Arthur Ken Womble, Jr., Esq.
CONSENT ORDER OF RESTITUTION
HONORABLE VICTOR MARRERO UNITED STATES DISTRICT JUDGE.
the application of the United States of America, by its
attorney, Geoffrey S. Berman, United States Attorney for the
Southern District of New York, Andrew K. Chan and Margaret
Graham, Assistant United States Attorneys, of counsel; the
presentence report; the Defendant's conviction on Count
One of the SI 18 Cr. 767 superseding indictment; and all
other proceedings in this case, it is hereby ORDERED that:
Amount of Restitution
CIRIKOVIC, the Defendant, shall pay restitution in the total
amount of $2, 505, 500.00, pursuant to 18 U.S.C. §§
3663, 3663A, to the victims of the offense charged in Count
One. The names, addresses, and specific amounts owed to each
victim are set forth in the Schedule of Victims, attached
hereto as Schedule A. Upon advice by the United States
Attorney's Office of a change of address of a victim, the
Clerk of the Court is authorized to send payments to the new
address without further order of this Court.
Joint and Several Liability
is joint and several with DAMIR PEJCINOVIC (should he be
convicted); GZIMI BOJKOVIC; and ADRIAN FISEKU (should he be
Apportionment Among Victims
to 18 U.S.C. § 3664(i), all nonfederal victims must be
paid before the United States is paid. Restitution shall be
paid to the victims identified in the Schedule of Victims,
attached hereto as Schedule A, on a pro rata basis, whereby
each payment shall be distributed proportionally to each
victim based upon the amount of loss for each victim, as set
forth more fully in Schedule A.
Schedule of Payments
to 18 U.S.C. § 3664(f)(2), in consideration of the
financial resources and other assets of the Defendant,
including whether any of these assets are jointly controlled;
projected earnings and other income of the Defendant; and any
financial obligations of the Defendant; including obligations
to dependents, the Defendant shall pay restitution in the
manner and according to the schedule that follows: In the
interest of justice, restitution shall be payable in
installments pursuant to 18 U.S.C. § 3572(d)(1) and (2).
While serving the term of imprisonment, the Defendant shall
make installment payments toward his restitution obligation,
and may do so through the Bureau of Prisons' (BOP) Inmate
Financial Responsibility Plan (IFRP). Pursuant to BOP policy,
the BOP may establish a payment plan by evaluating the
Defendant's six-month deposit history and subtracting an
amount determined by the BOP to be used to maintain contact
with family and friends. The remaining balance may be used to
determine a repayment schedule. BOP staff shall help the
Defendant develop a financial plan and shall monitor the
inmate's progress in meeting his restitution obligation.
Any unpaid amount remaining upon release from prison will be
paid in an amount equal to 10 percent of the Defendant's
gross income on the 1st day of each month. If the Defendant
defaults on the payment schedule set forth above, the
Government may pursue other remedies to enforce the judgment.
Defendant shall make restitution payments by certified check,
bank check, money order, wire transfer, credit card or cash.
Checks and money orders shall be made payable to the
"SDNY Clerk of the Court" and mailed or
hand-delivered to: United States Courthouse, 500 Pearl
Street, New York, New York 10007 - Attention: Cashier, as
required by 18 U.S.C. § 3611. The Defendant shall write
his/her name and the docket number of this case on each check
or money order. Credit card payments must be made in person
at the Clerk's Office. Any cash payments shall be hand
delivered to the ...