<div>Case l:16-cr-00829-AKH Document 131 Filed 05/31/18 Paqe 1 of 7 AO 245B (Rev. 02/18) Judgment in a Criminal Case Sheet I - United States District Court Southern District of New York UNITED STATES OF AMERICA ) ) JUDGMENT IN A CRIMINAL CASE V. ) Carlos Djemal Nehmad ) ) ) ) ) ) Case Number: 1: 16 Cr. 00829 (AKH) USM Number: 51663-424 Ronald Fischetti/ AUSA, Daniel Tracer Defendant’s Attorney THE DEFENDANT: El pleaded guilty to count(s) 4 □ pleaded nolo contendere to count(s) __________________________________________________________________________________________________ which was accepted by the court. □ was found guilty on count(s) _________________________________________________________________________________________________________ after a plea of not guilty. The defendant is adjudicated guilty of these offenses: Title &amp; Section Nature of Offense Offense Ended Count •18USC'1343 .■ . j Wire Fraud , ' ■ - * 3'5/31/2018 if .......... • ■ j| 4 ] LTJ11 "•“,1 , \ " 1 ’'Ji .7/ \ ' IZEZZJ The defendant is sentenced as provided in pages 2 through 7______of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. □ The defendant has been found not guilty on count(s) El Count(s) 1,2,3_______________________________□ is □ are dismissed on the motion of the United States. . 1S ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic circumstances. Ir— ' —■■ i ■—■I——....zz |[ I'SPCSDNY [DOCUMENT ELECTRONICALLY FILED DOC #:______ DATE FILED: 5/29/2018 Date of Imposition of Judgment Hon. Alvin K. Hellerstein, U.S. District Judge Name and Title of Judge Date Case l:16-cr-00829-AKH Document 131 Filed 05/31/18 Page 2 of 7 AO 245B (Rev. 02/18) Judgment in Criminal Case Sheet 2 — Imprisonment______________________________________________________________________ Judgment — Page 2 of ________7 DEFENDANT: Carlos Djemal Nehmad CASE NUMBER: 1: 16 Cr. 00829 (AKH) IMPRISONMENT The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of: 75 months. The defendant is notified of his right to appeal. El The court makes the following recommendations to the Bureau of Prisons: that the defendant be confined at FCI Miami. □ The defendant is remanded to the custody of the United States Marshal. □ The defendant shall surrender to the United States Marshal for this district: □ at □ a.m. □ p.m. on _______________________________________■ □ as notified by the United States Marshal. El The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons: [?f before 2 p.m. on 7/10/2018 □ as notified by the United States Marshal. □ as notified by the Probation or Pretrial Services Office. RETURN I have executed this judgment as follows: Defendant delivered on___________________________________________________ to at____________________________________________, with a certified copy of this judgment. UNITED STATES MARSHAL DEPUTY UNITED STATES MARSHAL Case l:16-cr-00829-AKH Document 131 Filed 05/31/18 Page 3 of 7 AO 245B (Rev. 02/18) Judgment in a Criminal Case Sheet 3 — Supervised Release__________________________________________________________ Judgment—Page 3 of ______7 DEFENDANT: Carlos Djemal Nehmad CASE NUMBER: 1: 16 Cr. 00829 (AKH) SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of: 3 years. MANDATORY CONDITIONS 1. You must not commit another federal, state or local crime. 2. You must not unlawfully possess a controlled substance. 3. You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from imprisonment and at least two periodic drug tests thereafter, as determined by the court. £1 The above drug testing condition is suspended, based on the court's determination that you pose a low risk of future substance abuse, (check if applicable) 4. □ You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of restitution, (check if applicable) 5. [j?f You must cooperate in the collection of DNA as directed by the probation officer, (check if applicable) 6. □ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location where you reside, work, are a student, or were convicted of a qualifying offense, (check if applicable) 7. □ You must participate in an approved program for domestic violence, (check if applicable) You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached page. Case l:16-cr-00829-AKH Document 131 Filed 05/31/18 Page 4 of 7 AO 245B (Rev. 02/18) Judgment in a Criminal Case Sheet 3A — Supervised Release______________________________________________________________________________ Judgment—Page 4 of 7________ DEFENDANT: Carlos Djemal Nehmad CASE NUMBER: 1: 16 Cr. 00829 (AKH) STANDARD CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 1. You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. 2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed. 3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. 4. You must answer truthfully the questions asked by your probation officer. 5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view. 7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. 9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours. 10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers). 11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court. 12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. 13. You must follow the instructions of the probation officer related to the conditions of supervision. U.S. Probation Office Use Only A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised Release Conditions, available at: www.uscourts.gov. Defendant's Signature Date AO 245B(Rev. 02/18) Judg^fi^airili&amp;af&amp;fiO829-AKH Document 131 Filed 05/31/1 R Pano R r&gt;f 7 ________________Sheet 3D — Supervised Release______________________ rctye O (JT /____________________________ Judgment—Page 5 of _______7_____ DEFENDANT: Carlos Djemal Nehmad CASE NUMBER: 1: 16 Cr. 00829 (AKH) SPECIAL CONDITIONS OF SUPERVISION 1. You must obey the immigration laws and comply with the directives of immigration authorities. 2. You must not incur new credit charges or open additional lines of credit without the approval of the probation officer unless you are in compliance with the installment payment schedule. 3. You must provide the probation officer with access to any requested financial information. 4. The defendant shall pay restitution in the amount of $21,000,000.00 at a rate of $550,000.00 each month of supervision upon release from custody. 5. The defendant shall be supervised by the district of residence. ao245B (Rev. 02/18) judgmeii^§§cnimi§f8isP0829-AKH Document 131 Filed 05/31/18 Page 6 of 7 Sheet 5 — Criminal Monetary Penalties_______________________________________________ Judgment — Page 6 of _______7_____ DEFENDANT: Carlos Djemal Nehmad CASE NUMBER; 1: 16 Cr. 00829 (AKH) CRIMINAL MONETARY PENALTIES The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6. TOTALS Assessment $ 100.00 JVTA Assessment* $ Restitution $ 21,000,000.00 □ The determination of restitution is deferred until after such determination. . An Amended Judgment in a Criminal Case (AO 245C) will be entered □ The defendant must make restitution (including community restitution) to the following payees in the amount listed below. If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(1), all nonfederal victims must be paid before the United States is paid. Name of Payee Total Loss** Restitution Ordered The Clerk, df Gojurt -do be. fowarded tof j [ Priority or Percentage Servicio de Administracion Tributaria •J $21,000,000.00] [■ |’ : 'Ayen[da Hildago 77 ' * ■ ) I ’ ♦ ♦ ♦ Colonia Guerrero . A’l. i . 4JU x „ WHS - Delegation Cuauhtemoc 06300 . .. L ■” 1 i Ciudad de Mexico FZZZZZ3 L--2. ■■ -ZJ ♦ &gt; % ■ ."**■$* ' ** * * \ 7 • » 1- ■ , ’f -X iw- Ji - * *r TOTALS $_________21,000,000,00 $________________21,000,000.00 □ Restitution amount ordered pursuant to plea agreement $ □ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options on Sheet 6 maybe subject to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g). The court determined that the defendant does not have the ability to pay interest and it is ordered that: sShe interest requirement is waived for the □ fine [Destitution. □ the interest requirement for the □ fine □ restitution is modified as follows: * Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22. ** Findings for the total amount of losses are required under Chapters 109A, 110,110A, and 113A of Title 18 for offenses committed on or after September 13, 1994, but before April 23, 1996. M4S d 1 □ A0245B (Rev. 02/18) judgmGSS£k&amp;JdabCrseC)0829-AKH Document 131 Sheet 6 — Schedule of Payments___________________ Filed 05/31/18 Page 7 of 7 Judgment — Page 7 of DEFENDANT: Carlos Djemal Nehmad CASE NUMBER: 1: 16 Cr. 00829 (AKH) SCHEDULE OF PAYMENTS Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows: A El Lump sum payment of $ 100 00 ________due immediately, balance due □ not later than __________________________ , or □ in accordance with □ C, □ D, □ E, or □ F below; or B □ Payment to begin immediately (may be combined with DC, □ D, or □ F below); or C □ Payment in equal (e.g., weekly, monthly, quarterly) installments of $ ____________ over a period of _____________ (e.g., months or years), to commence____________(e.g., 30 or 60 days) after the date of this judgment; or D □ Payment in equal (e.g., weekly, monthly, quarterly) installments of S ____________over a period of _____________ (e.g., months or years), to commence _________ (e.g., 30 or 60 days) after release from imprisonment to a term of supervision; or E □ Payment during the term of supervised release will commence within _______ (e.g., 30 or 60 days) after release from imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or F El Special instructions regarding the payment of criminal monetary penalties: The defendant shall pay restitution in the amount of $21,000,000.00 at a rate of $550,000.00 each month of supervision upon release from custody. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate Financial Responsibility Program, are made to the clerk of the court. The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed. □ Joint and Several Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount, and corresponding payee, if appropriate. □ The defendant shall pay the cost of prosecution. □ The defendant shall pay the following court cost(s): □ The defendant shall forfeit the defendant’s interest in the following property to the United States: Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) fine interest, (6) community restitution, (7) JVTA assessment, (8) penalties, and (9) costs, including cost of prosecution and court costs.</div>

$21 Million Restitution Ordered in Wire Fraud Conviction

$21 Million Restitution Ordered in Wire Fraud Conviction

United States District Court for the Southern District of New York

A U.S. district court sentenced an individual who pleaded guilty to wire fraud to 75 months in prison with three years of supervised release and ordered him to pay $21 million in restitution.

A U.S. district court sentenced an individual who pleaded guilty to wire fraud to 75 months in prison with three years of supervised release and ordered him to pay $21 million in restitution.