UPCOMING EVENTS: On February 17, 2015, Robert K. Mathews was sentenced to 63 months’ imprisonment and two years of supervised release for his role in a conspiracy to commit wire fraud and mail fraud in violation of Title 18, United States Code, §1349. The sentence included a $100 special assessment and restitution in the amount of $1,460,343.00. In the “Schedule of Payments” section of the Judgment, District Judge Nancy J. Rosenstengel entered the following special instruction:
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties shall be paid in equal monthly installments of $50.00 or ten percent of his net monthly income, whichever is greater. The defendant shall pay any financial penalty that is imposed by this judgment and that remains unpaid at the commencement of the term of supervised release. The defendant shall notify the district’s United States Attorney’s Office, Financial Litigation Unit, of any change of mailing or residence address that occurs while a criminal monetary penalty in excess of $100.00 remains unpaid.
Defendant recently filed a Motion under 18 U.S.C. §3664(k) notifying the court and the Attorney General of his inability to comply with the Court’s restitution schedule due to a change in his economic circumstances. Specifically defendant has indicated that he is not able to meet the Court’s schedule of payment due to loss of income resulting from his incarceration. The Court is currently considering whether to modify the defendant’s restitution payment schedule.