219 F.3d 76 (2nd Cir. 2000), 99-1711, United States v. Ismail

Docket Nº:Docket No. 99-1711
Citation:219 F.3d 76
Party Name:UNITED STATES OF AMERICA, Appellee, v. HESHAM ISMAIL, Defendant Appellant.
Case Date:May 23, 2000
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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219 F.3d 76 (2nd Cir. 2000)

UNITED STATES OF AMERICA, Appellee,

v.

HESHAM ISMAIL, Defendant Appellant.

Docket No. 99-1711

United States Court of Appeals, Second Circuit

May 23, 2000

Argued: May 4, 2000

Steven M. Statsinger, Legal Aid Society, Federal Defender Division, (Henriette D. Hoffman, on the brief) New York, New York, for Appellant.

Gary Stein, Assistant United States Attorney for the Southern District of New York (Mary Jo White, United States Attorney for the Southern District of New York, Ira M. Feinberg, Assistant United States Attorney, of counsel), New York, New York, for Appellee.

Before: FEINBERG, PARKER, and STRAUB, Circuit Judges.

Appeal from the judgment of the United States District Court for the Southern District of New York (Richard M. Berman, Judge) entered November 23, 1999, imposing sentence after a plea of guilty.

Affirmed.

PER CURIAM:

Hesham Ismail appeals from the sentence imposed after a plea of guilty by the United States District Court for the Southern District of New York (Richard M.

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Berman, Judge). As part of the sentence, the district court ordered Ismail to pay the full amount of restitution, payable to Citibank, without interest, within the five years of Ismail's supervised release. Ismail challenges this payment schedule as uninformed by the statutory factors to be considered in imposing restitution payment schedules, and as unreasonably onerous. For the following reasons, we affirm.

Beginning in 1994, Ismail worked for Citibank N.A. ("Citibank") as a relationship officer in its International Personal Banking Group. From September to November 1998, Ismail embezzled $167,832 from the accounts of two of his customers by preparing and signing fraudulent transaction request forms. With these funds, Ismail issued seven bank checks, which he signed on behalf of Citibank. Most of these checks were payable to Chat Communications L.L.C. ("Chat"), a start-up prepaid phone card company operated by Ismail's brother, Hosam. Ismail also caused Citibank to issue an $8,000 check to cash and a $13,174 check to a Visa credit card company as payment of a debt owed to a friend. After depositing the checks to the Chat account, Ismail drew several checks on the Chat account made payable to himself and to cash. Ismail was caught when a Citibank customer called for an update on one of the accounts from which...

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