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United States v. Yang

United States District Court, E.D. California

July 19, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
LEE YANG, Defendant.

          PHILLIP A. TALBERT Acting United States Attorney MATTHEW M. YELOVICH Assistant United States Attorney Attorneys for Plaintiff United States of America

          DAVID D. FISCHER Attorney for Lee Yang

          STIPULATION AND ORDER REGARDING RESTITUTION

          TROY L. NUNLEY UNTIED STATES DISTRICT JUDGE

         The United States of America, by and through Assistant United States Attorney Matthew M. Yelovich, and defendant Lee Yang, by and through his counsel David D. Fischer, respectfully request that the Court amend its previous order of restitution entered May 19, 2016, and order defendant Lee Yang to pay restitution in the amount of $200, 929.24, first to the victims listed in Attachment A-1, and second to the victims listed in Attachment A-2, for the following reasons:

         1. The defendant pleaded guilty pursuant to a plea agreement. In that agreement, the defendant agreed to pay the full amount of restitution to all victims affected by his offense, which the parties then estimated to be approximately $186, 000. See Plea Ag., ECF No. 61, 2-3. He agreed to be jointly and severally liable for that amount with his co-defendants. See id. at 3.

         2. The Court sentenced the defendant on March 10, 2016, and ordered him to pay restitution jointly and severally with his co-defendants, with an exact amount and recipient information to be filed later by the parties. See ECF Nos. 84 (minutes from sentencing hearing); 85 (Judgment), 5-6.

         3. On May 19, 2016, upon filing by the parties of a stipulation and proposed order, the Court ordered the defendant to pay restitution in the amount of $199, 334.43, with any restitution owed to a victim to be owed jointly and severally with any co-defendant who has been ordered to pay restitution to the same victim. See ECF No. 98. The parties were ordered to provide the Clerk of the Court and Probation Office, within seven days of the order, an itemized list of the victims, victims’ addresses, and amounts owed to each victim. See id.

         4. Since the entry of that order, the Clerk of the Court has requested that the parties revise the proposed itemized list to address certain usability and clerical concerns, namely, to provide more certainty and clarity in the itemized list so as to remove any risk of there being discretion on the Clerk’s part in whom to send restitution and in what order.

         5. Accordingly, the parties have conferred regarding a revised itemized list containing the proper restitution amount and victim payment order, consistent with 18 U.S.C. § 3664(j)(1). The government has also conferred with the Probation Office and Clerk of Court regarding the revised itemized list. In addition, the government has continued to communicate with and receive information from victims affected by this offense. Pursuant to those discussions and continued victim outreach, the parties hereby stipulate and agree to request that the Court amend its May 19, 2016 Order, see ECF No. 98, to instead order that defendant Lee Yang shall be liable for restitution in the amount of $200, 929.24, and that any restitution owed to a victim is owed jointly and severally with any co-defendant who has been ordered to pay restitution to the same victim.

         6. Further, the parties will send to the Clerk of Court concurrently with the filing of this stipulation a two-part itemized list of the victims, victims’ addresses, and amounts owed to each victim, titled Attachments A-1 (individual victims) and A-2 (“provider[s] of compensation” under 18 U.S.C.

         § 3664(j)(1)). The parties request that the Court order that restitution pursuant to this order shall be paid according to this itemized list, in the following sequence, in accordance with 18 U.S.C. § 3664(j)(1): no victim listed on Attachment A-2 shall be paid until all restitution owed to victims listed on Attachment A-1 has been paid.

         7. Payment shall be made by cashier’s check payable to the Clerk of the Court for the Eastern District of California. Per the plea agreement, the defendant shall not seek to discharge any restitution obligation or any part of such obligation in any bankruptcy. Pursuant to 18 U.S.C. § 3664(k), the defendant also understands that he must notify the Court and the Attorney General of any material change in his economic circumstances that might affect his ability to pay restitution.

         IT IS ...


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