U.S. Department of Justice
United States Attorney
District of Connecticut

Connecticut Financial Cemer
/57 Church Street, 25'b Floor
New Haven, Connecticut 06510

(203)821 -3700
Fax (203) 773-5376
www.justice.gov/usaolct

January 3, 2018
Tracy Frederick, E sq.
Assistant Federal Defender
Federal Defender's Office, District of Connecticut
10 Columbus Blvd., Floor 6
Hartford, CT 06106
Re:

United States v. Adeyemi Odufuye, 3:16CR232 (JCH)

Dear Attorney Frederick:
This letter confirms the plea agreement between your client, Adeyemi
Odufuye aka "Micky " "Micky Bricks" 'cyemi" "GMB ""Bawz" and "J efe" (th e
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"defendant"), and the United States Attorney's Office for the District of Connecticut
(the "Government") concerning the referenced criminal matter.

THE PLEA AND OFFENSE
The defendant agrees to plead guilty to Count One of the Indictment, which
charges h im with conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349,
and Count Seven of the Indictment, which charges him with aggravated identity
theft, in violation of 18 U.S.C. § 1028A(a)(l ) and 2.
Count One
The defendant understands that, to be guilty of Count One of the Indictment,
the following essential elements of the offense must be satisfied:
1.

That on or about the dates charged in the Indictment, a conspiracy
existed to commit wire fraud; and

 Tracy Frederick, Esq.
January 3) 2018
Page 2 of 15
2.

That the defendant knowingly and intentionally became a member of
that conspiracy.

Count Seven
The defendant understands that, to be guilty of Count Seven of the
Indictment, the following essential elements of the offense must be satisfied:
1.

On or about the date charged in the Indictment, the defendant
knowingly used a means of identification of another person;

2.

The defendant did so without lawful authority; and

3.

The defendant did so during and in relation to a felony violation of 18
U.S.C. § 1349 as charged in Count One of the Indictment.

THE PENALTIES
Count One
This offense carries a maximum penalty of 20 years of imprisonment and a
$250,000 fine. In addition, under 18 U.S. C. § 3583, the Court may impose a term of
supervised release of not more than 3 years to begin after imprisonment. The
defendant understands that, should he violate any condition of supervised release,
he may be required to serve a further term ofimprisonment of up t <bJ) yearJI>er
violation with no credit for time already spent on supervised release.
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The defendant is also subject to the alternative fine provision of 18 U.S.C.
§ 3571. Under this section, the maximum fine that may be imposed on the
defendant is the greatest of the following amounts: (1) twice the gross gain to the
defendant resulting from the offense; (2) twice the gross loss resulting from the
offense, which is at least $5.2 million; or (3) $250,000.
Count Seven
This offense carries a mandatory term of imprisonment of two years, which
must be imposed to run consecutively to any other term of incarceration which has
been or is imposed, and a $250,000 fine. In addition, under 18 U.S. C. § 3583, the
Court may impose a term of supervised release of not more than 1 year to begin
after imprisonment. The defendant understands that, should he violate any
condition of supervised release, he may be required to serve a further term of
imprisonment of up to 1 year per violation with no credit for time already spent on
supervised release.

'p<. 0

 Tracy Frederick, Esq.
January 3, 2018
Page 3 of 15

The defendant is also subject to the alternative fine provision of 18 U.S. C.
§ 3571. Under this section, the maximum fine that may be imposed on the
defendant is the greatest of the following amounts: (1) twice the gross gain to the
defendant resulting from the offense; (2) twice the gross loss resulting from the
offense, which is at least $5.2 million; or (3) $250,000.

***
In addition, the defendant is obligated by 18 U.S.C. § 3013 to pay a special
assessment of $100 on each count of conviction, or $200 total. The defendant agrees
to pay the special assessment on or before the date of sentencing, unless he
establishes an inability to pay on or before the date of sentencing through the
financial disclosure to the U.S. Probation Office as part of the presentence
investigation and report, in which case the defendant agrees to pay it as soon as
practicable.
The defendant is also subject to restitution, as discussed below. Unless
otherwise ordered, should the Court impose a fine or restitution of more than $2,500
as part of the sentence, interest will be charged on the unpaid balance of the fine or
restitution not paid within 15 days after the judgment date. 18 U.S.C. § 3612(f).
Other penalties and fines may be assessed on the unpaid balance of a fine or
restitution pursuant to 18 U.S.C. § 3572(h), (i), and§ 3612(g).
Restitution
In addition to the other penalties provided by law, the Court must also order
that the defendant make restitution under 18 U.S.C. § 3663A, and the Government
reserves its right to seek restitution on behalf of victims consistent with the
provisions of§ 3663A. The scope and effect of the order of restitution are set forth
in the attached Rider Concerning Restitution. Restitution is payable immediately
unless otherwise ordered by the Court.
Forfeiture
The defendant agrees to execute a stipulation, in a format to be determined,
in which he agrees to forfeit any and all right, title, or interest to property seized
from searches executed at 12A City Walk, 1 Sylvester Street, Sheffield, United
Kingdom, on or about December 19, 2016.
The defendant agrees that by virtue of his plea of guilty he waives any rights
or cause of action to claim that he is a "substantially prevailing party" for the
purpose of recovery of attorney fees and other litigation costs in any related
forfeiture proceeding pursuant to 28 U.S. C. § 2465(b)(l).

 Tracy Frederick, Esq.
January 3, 2018
Page 4 of 15

COLLECTION OF FINANCIAL OBLIGATIONS
In order to facilitate the collection of financial obligations to be imposed in
connection with this prosecution, the defendant agrees fully to disclose all assets in
which he has any interest or over which the defendant exercises control, directly or
indirectly, including those held by a spouse, nominee, or other third party, including
but not limited to: .
The defendant will promptly submit a completed financial st atement to
1.
the U.S. Attorney's Office, in a form it provides and as it directs. The defendant
understands and agrees that his financial statement and disclosures will be
complete, accurate, and truthful.
2.
The defendant expressly authorizes the U.S. Attorney's Office to obtain
a credit report on him in order to evaluate the defendant's ability to satisfy any
financial obligation imposed by th e Court.

THE SENTENCING GUIDELINES
1.

Applicability

The defendant understands that the Court is required to consider any
applicable Sentencing Guidelines as well as other factors enumerated in 18 U.S.C.
§ 3553(a) to tailor an appropriate sentence in this case and is not bound by this plea
agreement. The defendant agrees that the Sentencing Guideline determinations
will be made by the Court, by a preponderance of the evidence, based upon input
from the defendant, the Government, and the United States Probation Office. The
defendant further understands that he has no right to withdraw his guilty plea if
his sentence or the Guideline application is other than he anticipated, including if
the sentence is outside any of the ranges set forth in this agreement.
2.

Acceptance of Responsibility

At this time, the Government agrees to recommend that th e Court reduce by
two levels the defendant's adjusted offense level under§ 3El.l(a) of the Sentencing
Guidelines, based on the defendant's prompt recognition and affirmative acceptance
of personal responsibility for the offense. Moreover, should the defendant qualify for
a decrease under§ 3El.l(a) and his offense level determined prior to the operation
of subsection (a) is level 16 or greater, the Government will file a motion with the
Court pursuant to § 3El. l(b) which recommends that the Court reduce the
defendant's Adjusted Offense Level by one additional level based on his prompt
notification of his intention to enter a plea of guilty. The defendant understands

 Tracy Frederick, Esq.
January 3, 2018
Page 5 of 15
that the Court is not obligated to accept the Government's recommendations on the
reductions.
The above-listed recommendations are conditioned upon the defendant's
affirmative demonstration of acceptance of responsibility, by (1) truthfully
admitting the conduct comprising the offense(s) of conviction and truthfully
admitting or not falsely denying any additional relevant conduct for which the
defendant is accountable under § 1Bl.3 of the Sentencing Guidelines, and (2)
truthfully disclosing to the United States Attorney's Office and the United States
Probation Office personal information requested, including the submission of a
complete and truthful financial statement detailing the defendant's financial
condition. The defendant expressly authorizes the United States Attorney's Office
to obtain a credit report concerning the defendant.
In addition, the Government expressly reserves the right to seek denial of the
adjustment for acceptance of responsibility if the defendant engages in any acts,
unknown to the Government at the time of the signing of this agreement, which
(1) indicate that the defendant has not terminated or withdrawn from criminal
conduct or associations(§ 3El.1 of the Sentencing Guidelines); (2) could provide a
basis for an adjustment for obstructing or impeding the administration of justice
(§ 3Cl.1 of the Sentencing Guidelines); or (3) constitute a violation of any condition
of release. Moreover, the Government reserves the right to seek denial of the
adjustment for acceptance of responsibility ifthe defendant seeks to withdraw his
guilty plea or takes a position at sentencing, or otherwise, which, in the
Government's assessment, is inconsistent with affirmative acceptance of personal
responsibility. The defendant understands that he may not withdraw his plea of
guilty if, for the reasons explained above, the Government does not make one or
both of the recommendations or seeks denial of the adjustment for acceptance of
responsibility.
3.

Stipulation

Pursuant to§ 6Bl.4 of the Sentencing Guidelines, the defendant and the
Government have entered into the attached stipulation, which is a part of this plea
agreement. The defendant understands that this stipulation does not set forth all of
the relevant conduct and characteristics that may be considered by the Court for
purposes of sentencing. The defendant understands that this stipulation is not
binding on the Court. The defendant also understands that the Government and
the United States Probation Office are obligated to advise the Court of any
additional relevant facts that subsequently come to their attention.

 Tracy Frederick, Esq.
January 3, 2018
Page 6 of 15
4.

Guideline Stipulation
The parties agree as follows:

The Guidelines Manual in effect on the date of sentencing is used to
determine the applicable Guidelines range.
For Count One of the Indictment, the defendant's base offense level under
U.S.S.G. § 2Bl.l(a)(l) is 7. That level is increased by 16levels under U.S.S.G. §
2Bl.l(b)(l)(I) because, as of the date of this agreement, the actual and intended loss
reasonably foreseeable to the defendant and that the government could demonstrate
by a preponderance of the evidence at sentencing is approximately $2.6 million.
Two additional levels are added under U .S.S.G. § 2Bl.l(b)(10) because a substantial
part of a fraudulent scheme was committed from outside the United States. Three
levels are added under U.S.S.G. § 3Bl.1(b) because the defendant was a manager or
supervisor of criminal activity and the criminal activity involved five or more
participants or was otherwise extensive. Three levels are subtracted under
U.S.S.G. § 3El.1 for acceptance of responsibility, as noted above, resulting in a total
offense level of 25.
Based on an initial assessment, the parties agree that the defendant falls
within Criminal History Category I. The parties reserve the right to recalculate the
defendant's Criminal History Category and corresponding sentencing ranges if this
initial assessment proves inaccurate.
A total offense level25, assuming a Criminal History Category I, would
result in a range of 57 to 71 months of imprisonment (sentencing table) and a fine
range of $20,000 to $200,000, U.S.S.G. § 5El.2(c)(3). The defendant is also subject
to a supervised release term of 1 years to 3 years. U.S.S.G. § 5D1.2.
In addition, Count Seven of the Indictment carries a two-year mandatory
consecutive sentence for conviction under 18 U.S.C. § 1028A. See U.S.S.G. §
2Bl.6. The defendant further expressly understands that the Court may not in any
way reduce the term to be imposed on Count One under 18 U.S.C. § 1349 so as to
compensate for, or otherwise take into account, any separate term of imprisonment
imposed for the conviction under 18 U.S.C. § 1028A. Thus, for example, if the Court
finds that the applicable Guidelines range for Count One is 57 to 71 months in jail
and imposes a Guideline sentence, the defendant would receive an effective
sentence of 81 to 95 months in jail.
The Government and the defendant reserve their rights to seek a downward
or upward departure or a non-Guidelines sentence, and both sides reserve their
right to object to a downward or upward departure or a non-Guidelines sentence.

 Tracy Frederick, Esq.
January 3, 2018
Page 7 of 15

The defendant understands that the Court is not bound by this agreement on
the Guideline ranges specified above. The defendant further understands that he
will not be permitted to withdraw the guilty plea if the Court imposes a sentence
outside any of the ranges set forth in this agreement.
In the event the United States Probation Office or the Court contemplates
any sentencing calculations different from those stipulated by the parties, the
parties reserve the right to respond to any inquiries and make appropriate legal
arguments regarding the proposed alternate calculations. Moreover, the parties
reserve the right to defend any sentencing determination, even if it differs from that
stipulated by the parties, in any post-sentencing proceeding.
5.

Waiver of Right to Appeal or Collaterally Attack Conviction and Sentence

The defendant acknowledges that under certain circumstances he is entitled
to challenge his conviction and sentence. The defendant agrees not to appeal or
collaterally attack his conviction in any proceeding, including but not limited to a
motion under 28 U.S.C. § 2255 and/or§ 2241. Nor will he pursue such an appeal or
collateral attack to challenge the sentence imposed by the Court if that total
effective sentence does not exceed 95 months of imprisonment, a 3-year term of
supervised release, a $200 special assessment, a $10,000 fine, and $4 million in
restitution, even if the Court imposes such a sentence based on an analysis different
from that specified above. The Government and the defendant agree that this
waiver applies regardless of whether the term of imprisonment is imposed to run
consecutively to or concurrently with, in whole or in part, the undischarged portion
of any other sentence that has been imposed on the defendant at the time of
sentencing in this case. The defendant acknowledges that he is knowingly and
intelligently waiving these rights. Furthermore, the parties agree that any
challenge to the defendant's sentence that is not foreclosed by this provision will be
limited to that portion of the sentence that is inconsistent with (or not addressed by)
this waiver. Nothing in the foregoing waiver of appellate and collateral review
rights shall preclude the defendant from raising a claim of ineffective assistance of
counsel in an appropriate forum.
6.

Information to the Court

The Government reserves its right to address the Court with respect to an
appropriate sentence to be imposed in this case. Moreover, the Government will
discuss the facts of this case, including information regarding the defendant's
background and character, 18 U.S.C. § 3661, with the United States Probation
Office and will provide the Probation Officer with access to material in its file, with
the exception of grand jury material.

 Tracy Frederick, Esq.
January 3, 2018
Page 8 of 15

WAIVER OF RIGHTS
1.

Waiver of Trial Rights and Consequences of Guilty Plea

The defendant understands that he has the right to be represented by an
attorney at every stage of the proceeding and, if necessary, one will be appointed to
represent him.
The defendant understands that he has the right to plead not guilty or to
persist in that plea if it has already been made, the right to a public trial, the right
to be tried by a jury with the assistance of counsel, the right to confront and crossexamine the witnesses against him, the right not to be compelled to incriminate
himself, the right to testify and present evidence, and the right to compel the
attendance of witnesses to testify in his defense. The defendant understands that
by pleading guilty he waives those rights and that, if the plea of guilty is accepted
by the Court, there will not be a further trial of any kind.
The defendant understands that, if he pleads guilty, the Court may ask him
questions about each offense to which he pleads guilty, and if he answers those
questions falsely under oath, on the record, and in the presence of counsel, his
answers may later be used against him in a prosecution for perjury or making false
statements.
2.

Waiver of Statute of Limitations

The defendant agrees that, should the conviction following defendant's guilty
plea be vacated for any reason, then any prosecution that is not time-barred by the
applicable statute of limitations on the date of the signing of this plea agreement
(including any indictment or counts the Government has agreed to dismiss at
sentencing pursuant to this plea agreement) may be commenced or reinstated
against the defendant, notwithstanding the expiration of the statute of limitations
between the signing of this plea agreement and the commencement or
reinstatement of such prosecution. The defendant agrees to waive all defenses
based on the statute of limitations with respect to any prosecution that is not timebarred on the date the plea agreement is signed.
3.

Waiver of Challenge to Plea Based on Immigration Consequences

The defendant understands that pleading guilty may have consequences with
respect to his immigration status ifhe is not a citizen of the United States. Under
federal law, a broad range of crimes are removable offenses, including the offense(s)
to which the defendant is pleading guilty. Indeed, because the defendant is

 Tracy Frederick, Esq.
January 3, 2018
Page 9 of 15

pleading guilty to Counts One and Seven of the Indictment, removal is
presumptively mandatory. Removal and other immigration consequences are the
subject of a separate proceeding, however, and the defendant understands that no
one, including his attorney or the district court, can predict to a certainty the effect
of his conviction on his immigration status. The defendant nevertheless affirms
that he wants to plead guilty regardless of any immigration consequences that his
plea may entail, even if the consequence is automatic removal from the United
States.
The defendant understands that he is bound by his guilty plea regardless of
the immigration consequences of the plea and regardless of any advice the
defendant has received from his counsel or others regarding those consequences.
Accordingly, the defendant waives any and all challenges to his guilty plea and to
his sentence based on those consequences, and agrees not to seek to withdraw his
guilty plea, or to file a direct appeal or any kind of collateral attack challenging his
guilty plea, conviction or sentence, based on the immigration consequences of his
guilty plea, conviction and sentence.

ACKNOWLEDGMENT OF GUILT AND VOLUNTARINESS OF PLEA
The defendant acknowledges that he is entering into this agreement and is
pleading guilty freely and voluntarily because he is guilty. The defendant further
acknowledges that he is entering into this agreement without reliance upon any
discussions between the Government and him (other than those described in the
plea agreement letter), without promise of benefit of any kind (other than the
concessions contained in the plea agreement letter), and without threats, force,
intimidation, or coercion of any kind. The defendant further acknowledges his
understanding of the nature of the offense to which he is pleading guilty, including
the penalties provided by law. The defendant also acknowledges his complete
satisfaction with the representation and advice received from his undersigned
attorney. The defendant and his undersigned counsel are unaware of any conflict of
interest concerning counsel's representation of the defendant in the
case.
The defendant acknowledges that he is not a "prevailing party" within the
meaning of Public Law 105-119, section 617 ("the Hyde Amendment") with respect
to the count of conviction or any other count or charge that may be dismissed
pursuant to this agreement. The defendant voluntarily, knowingly, and
intelligently waives any rights he may have to seek attorney's fees and other
litigation expenses under the Hyde Amendment.

 Tracy Frederick, Esq.
January 3, 2018
Page 10 of .15

SCOPE OF THE AGREEMENT
The defendant acknowledges that this agreement is limited to the
undersigned parties and cannot bind any other federal authority, or any state or
local authority. The defendant acknowledges that no representations have been
made to him with respect to any civil or administrative consequences that may
result from this plea of guilty because such matters are solely within the province
and discretion of the specific administrative or governmental entity involved.
Finally, the defendant acknowledges that this agreement has been reached without
regard to any civil tax matters that may be pending or which may arise involving
him.

COLLATERAL CONSEQUENCES
The defendant understands that he will be adjudicated guilty of each offense
to which he has pleaded guilty and will be deprived of certain rights, such as the
right to hold public office, to serve on a jury, to possess firearms and ammunition,
and in some states, the right to vote. Further, the defendant understands that if he
is not a citizen of the United States, a plea of guilty may result in removal from the
United States, denial of citizenship, and denial of admission to the United States in
the future. The defendant understands that pursuant to section 203(b) of the
Justice For All Act, the Federal Bureau of Prisons or the United States Probation
Office will collect a DNA sample from the defendant for analysis and indexing.
Finally, the defendant understands that the Government reserves the right to
notify any state or federal agency by which he is licensed, or with which he does
business, as well as any current or future employer of the fact of his conviction.

SATISFACTION OF FEDERAL CRIMINAL LIABILITY; BREACH
The defendant's guilty plea, if accepted by the Court, will satisfy the federal
criminal liability of the defendant in the District of Connecticut as a result of his
participation in a business e-mail compromise conspiracy targeting companies in
the United States and elsewhere from 2015 to 2016, which forms the basis of the
Indictment in this case. Mter sentencing, the Government will move to dismiss
Counts Two through Six of the Indictment as to this defendant because the conduct
underlying the dismissed counts will have been taken into account in determining
the appropriate sentence.
The defendant understands that if, before sentencing, he violates any term or
condition of this agreement, engages in any criminal activity, or fails to appear for
sentencing, the Government may void all or part of this agreement. If the
agreement is voided in whole or in part, defendant will not be permitted to
withdraw his guilty plea.

 Tracy Frederick, Esq.
January 3, 2018
Page 11 of 15

NO OTHER PROMISES
The defendant acknowledges that no other promises, agreements, or
conditions have been entered into other than those set forth in this plea agreement,
and none will be entered into unless set forth in writing, signed by all the parties.
This letter shall be presented to the Court, in open court, and filed in this
case.
Very truly yours,
JOHN H. DURHAM
UNITED STATES ATTORNEY

DAVIDT.HU G
ASSISTANT UNITED STATES ATTORNEY

The defendant certifies that he has read this plea agreement letter and its
attachment(s) or has had it read or translated to him, that he has had ample time to
discuss this agreement and its attachment(s) with counsel and that he fully
understands and accepts its terms.

-os

ADEYEMIODUFUYE
The Defendant

o\
Date

- l~

I have thoroughly read, reviewed and explained this plea agreement and its
attachment(s) to my client who advises me that he understands and accepts its
terms.

TiWZ~n~.

ESQ.
Attorney for the Defendant

Dat~

 Tracy Frederick, Esq.
January 3, 2018
Page 12 of 15

STIPULATION OF OFFENSE CONDUCT AND RELEVANT CONDUCT
The defendant and the Government stipulate to the following offense conduct
and relevant conduct that give rise to the defendant's agreement to plead guilty to
Counts One and Seven of the Indictment:
Count One
From at least September 2015 to at least June 24, 2016, Odufuye conspired
with S.N. and O.A., individuals whose identities are known to the Court and who
are charged elsewhere, and others to defraud businesses around the United States
and elsewhere. Along with his co-conspirators, Odufuye would send, or caused to be
sent, e-mails from outside the United States addressed to executives and officers at
businesses in the United States, including in the District of Connecticut, and
elsewhere that were made to appear to be sent from the legitimate e-mail address of
the CEO or other executive from the business. In reality, as Odufuye well knew,
thee-mails were sent by him or a co-conspirator without the knowledge, permission,
or consent of the purported sender. The defendant sent thee-mails with the intent
of having the recipients send or wire money to bank accounts used, accessed, or
controlled by others in furtherance of the conspiracy. Odufuye taught S.N. and
O.A. how to target and send out fraudulent e-mails to potential victims and
managed S.N.'s activities in the conspiracy.
Count Seven
On or about November 2, 2015, during and in relation to the conspiracy
charged in Count One of the Indictment, Odufuye knowingly possessed and used
the name and business e-mail address ofM.W., the CEO ofVictim 1, to send an email to D.N., the controller at Victim 1, for the purpose of obtaining money from
Victim 1 through materially false and fraudulent means. Odufuye sent the e-mail
without the permission, consent, or knowledge ofM.W. or Victim 1. The identities
ofM.W., Victim 1, and D.N. have been made known to the Court.

This written stipulation is part of the plea agreement. This stipulation does
not attempt to set forth every aspect of the defendant's involvement in the
conspiracy and other charged conduct, but rather to set forth those necessary to
serve as a factual basis for his guilty plea in this case. The defendant and the

 Tracy Frederick, Esq.
January 3, 2018
Page 13 of 15
Government reserve their right to present additional offense conduct and rel evant
conduct to the Court in connection with sentencing.

~ r.
ADEYEMI ODUFUYE
The Defendant

-;k;lri~
T CY REDERICK, ESQ.
Attorney for the Defendant

ASSISTANT UNITED STATES ATTORNEY

 Tracy Frederick, Esq.
January 3, 2018
Page 14 of 15

RIDER CONCERNING RESTITUTION
The Court shall order that the defendant make restitution under 18 U.S.C.
§ 3663A as follows:
1. If the offense resulted in damage to or loss or destruction of property of a victim

of the offense:
A. Return the property to the owner of the property or someone designated by
the owner; or
B. If return of the property is impossible, impracticable, or inadequate, pay an
amount equal to:

The greater of(I) the value of the property on the date of the damage, loss, or destruction;
or
(II)the value of the property on the date of sentencing, less the value as of the
date the property is returned.
2. In the case of an offense resulting in bodily injury to a victim A. Pay an amount equal to the costs of necessary medical and related
professional services and devices related to physical, psychiatric, and
psychological care; including non-medical care and treatment rendered in
accordance with a method of healing recognized by the law of the place of
treatment;
B. Pay an amount equal to the cost of necessary physical and occupational
therapy and rehabilitation; and
C. Reimburse the victim for income lost by such victim as a result of such
offense;

3. In the case of an offense resulting in bodily injury that results in the death of
the victim, pay an amount equal to the cost of necessary funeral and related
services; and
4. In any case, reimburse the victim for lost income and necessary child care,
transportation, and other expenses incurred during participation in the
investigation or prosecution of the offense or attendance at proceedings related
to the offense.

 Tracy Frederick, Esq.
January 3, 2018
Page 15 of 15
The order of restitution has the effect of a civil judgment against the
defendant. In addition to the Court-ordered restitution, the Court may order that
the conditions ofits order ofrestitution be made a condition of probation or
supervised release. Failure to make restitution as ordered may result in a
revocation of probation, 18 U.S.C. § 3565, or a modification of the conditions of
supervised release, 18 U.S.C. § 3583(e). Failure to pay restitution may also result in
the defendant being held in contempt, or the defendant's re-sentencing to any
sentence which might originally have been imposed by the Court. See 18 U.S.C. §§
3613A, 3614. The Court may also order that the defendant give notice to any
victim(s) ofhis offense under 18 U.S.C. § 3555.