U.S. v. FRIEDMAN, (S.D.N.Y. 2004)

LEWIS KAPLAN, District Judge

At a hearing held before the Honorable Lewis A. Kaplan, on February 20, 2004 and attended by Assistant United States Attorney Elizabeth Carpenter, United States Probation Officer Watson, and Attorney Barry A. Meyerson the following matters were discussed and agreed to, and are hereby ordered:

1. David Friedman has a temporary change hi his financial situation which directly impacts his ability to pay restitution in accordance with the terms of his Order of Restitution.

2. In June 2003, the Social Security Administration advised Mr. Friedman in writing that for the years 2002 and 2003 he was overpaid benefits since his work earnings were in excess of $19,000.00.

3. As a result, approximately $3,949.00 over benefits overpayment is owed to the Social Security Administration for each calendar year of 2002 and 2003.

4. The Social Security Administration is withholding $500.00 per month from Mr. Friedman's benefits to reclaim this overpayment of benefits.

5. Mr. Friedman is currently receiving approximately $653.00 in monthly benefits instead of the previous $1150.00 in benefits. It is estimated that this repayment to the Social Security Administration will be completed in December 2004.

6. It was agreed by all parties at the hearing that until such time as the Social Security Administration has been repaid for the overpayment of benefits to Mr. Friedman, his Order of Restitution is modified to require Mr. Friedman to pay 10% (ten percent) of his Social Security Benefits to satisfy his restitution obligations, instead of 60% (sixty percent) in the original Order.

7. When the Social Security Administration has been repaid in full, Mr. Friedman's obligation and terms under the original Order of Restitution shall revert to the original Order.