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United States v. Cirikovic

United States District Court, S.D. New York

January 10, 2020

UNITED STATES OF AMERICA
v.
ELVIS CIRIKOVIC

          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

          ELVIS CIRIKOVIC Arthur Ken Womble, Jr., Esq.

          CONSENT ORDER OF RESTITUTION

          HONORABLE VICTOR MARRERO UNITED STATES DISTRICT JUDGE.

         Upon 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:

         1. Amount of Restitution

         ELVIS 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.

         A. Joint and Several Liability

         Restitution is joint and several with DAMIR PEJCINOVIC (should he be convicted); GZIMI BOJKOVIC; and ADRIAN FISEKU (should he be convicted).

         B. Apportionment Among Victims

         Pursuant 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.

         2. Schedule of Payments

         Pursuant 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.

         3. Payment Instructions

         The 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 ...


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