Filed: Mar. 18, 2014
Latest Update: Mar. 18, 2014
Summary: MEMORANDUM AND ORDER MEMORANDUM AND ORDER RAYMOND J. DEARIE, District Judge. On December 13, 2007, this Court entered judgment of conviction against defendant Carmine Baudanza and in favor of the United States of America. (J. 1, ECF No. 340). The sentence imposed as part of that judgment included an order directing defendant to pay restitution in the amount of $106,515.50 (the "restitution obligation"). (J. 4). On March 18, 2014, we issued a Memorandum and Order directing Carmine Baudanza to f
Summary: MEMORANDUM AND ORDER MEMORANDUM AND ORDER RAYMOND J. DEARIE, District Judge. On December 13, 2007, this Court entered judgment of conviction against defendant Carmine Baudanza and in favor of the United States of America. (J. 1, ECF No. 340). The sentence imposed as part of that judgment included an order directing defendant to pay restitution in the amount of $106,515.50 (the "restitution obligation"). (J. 4). On March 18, 2014, we issued a Memorandum and Order directing Carmine Baudanza to fi..
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MEMORANDUM AND ORDER MEMORANDUM AND ORDER
RAYMOND J. DEARIE, District Judge.
On December 13, 2007, this Court entered judgment of conviction against defendant Carmine Baudanza and in favor of the United States of America. (J. 1, ECF No. 340). The sentence imposed as part of that judgment included an order directing defendant to pay restitution in the amount of $106,515.50 (the "restitution obligation"). (J. 4). On March 18, 2014, we issued a Memorandum and Order directing Carmine Baudanza to file proof with the Court that a Satisfaction of Judgment had been filed in the matter of Carmine's Dream, Inc. v. Ceasar's Bay Shopping Center, LLC, et al., Index No. 32456/2007 in Supreme Court, County of Kings. (ECF No. 436). That Memorandum and Order further directed the Clerk of Court to "cancel, satisfy, and discharge the restitution obligation" once that proof was reviewed and approved by the Court. We have now reviewed and hereby approve that proof. Accordingly, the Clerk of Court is directed to cancel, satisfy, and discharge the restitution obligation solely as to defendant Carmine Baudanza.
On December 13, 2007, this Court entered judgment of conviction against defendant Carmine Baudanza and in favor of the United States of America. (J. 1, ECF No. 340). The sentence imposed as part of that judgment included an order directing defendant to pay restitution in the amount of $106,515.50 (the "restitution obligation"). (J. 4). By Memorandum and Order dated February 26, 2014, the Court determined that it has the statutory authority and jurisdiction to issue an order deeming defendant's restitution obligation satisfied, pursuant to defendant's agreement to accomplish the surrender by his corporation of a civil default judgment against a limited liability company owned primarily by one of the two victims. (Mem. and Order 10-13, ECF No. 431). The Court has received the consent ofboth victims to entry of such an order.
Accordingly, it is hereby ordered that:
(1) Defendant shall file proof with the Court that he has filed a Satisfaction of Judgment with the Supreme Court, County of Kings in the matter of Carmine's Dream, Inc. v. Ceasar's Bay Shopping Center, LLC, et al., Index No. 32456/2007, in accordance with the stipulated order entered in that matter by the Han. David I. Schmidt on March 13, 2014.
(2) Upon receipt of proof that defendant has filed the Satisfaction of Judgment and the Court's order approving said proof, the Clerk of Court shall cancel, satisfy, and discharge the restitution obligation solely as to defendant Carmine Baudanza.
SO ORDERED.
