IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 18, 2012
UNITED STATES OF AMERICA,
RESTITUTION NICHE FORTUNE,
The opinion of the court was delivered by: Hon. Edward J. Garcia United States District Judge
STIPULATION AND ORDER TO VACATE RESTITUTION HEARING AND ENTER ORDER OF STIPULATION
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Russell L. Carlberg, and Michael Long, Esq., counsel for defendant Niche Fortune, that the restitution hearing scheduled for May 18, 2012, may be vacated, and that an order of restitution be entered, to wit:
1. Restitution in the amount of $47,575 jointly and severally with co-defendant Kesha Haynie and Christopher Chiavola, payable as follows to: CitiMortgage, Inc., Attn: Payoffs, 4740 121st Street Urbandale, IA 50323 Re: Loan # 0730054897, payee code 90N36 2. Restitution in the amount of $60,880, jointly and severally with co-defendant Kesha Haynie, Christopher Chiavola, payable as follows to: JP Morgan Chase & Co. Fraud Recovery Investigations 081-0612 1111 Polaris Parkway Columbus, OH 43240-2050 Re: Loan #0730055019
THEREFORE, the parties stipulate and agree that Niche Fortune shall pay restitution jointly and severally with Kesha Haynie and Christopher Chiavola, in the amount of $108,455, payment to begin immediately. Restitution is to be sent to the Clerk of the Court, who shall forward it to the victim(s) as described in the Victim Impact Section. Co-defendant Anthony Symmes has been ordered separately to forfeit $4,000,000. To the extent that the above victim is made whole via the payment of forfeited funds, then the above liability of the defendant would be satisfied. If incarcerated, payment of the restitution is due during imprisonment at the rate of not less than $25 per quarter and payment shall be through the Bureau of Prisons Inmate Financial Responsibility Program. The interest is waived. DATE: May 17, 2012 BENJAMIN B. WAGNER
United States Attorney By: /s/ Russell L. Carlberg______ Russell L. Carlberg Assistant U.S. Attorney /s/* MICHAEL LONG Attorney for Defendant NICHE FORTUNE
IT IS SO ORDERED.
Edward J. Garcia
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