IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION

Similar documents
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

Enlightened Psychotherapy

THE MATTER : BEFORE THE SCHOOL

U.S. District Court Southern District of Florida (Miami) CRIMINAL DOCKET FOR CASE #: 1:94-cr UU-1

Judge tells Garofalo: You ll be away for some time

Enlightened Psychotherapy

Gambling a horrible addiction

LIPP Program Guidelines

SAMANTHA CASE STUDY ACTIVITY ENTREPRENEURSHIP ECONOMICS COUNCIL FOR ECONOMIC EDUCATION, NEW YORK, NY

The Apollo Group at Morgan Stanley

Gwen G. Cohen. Wealth Management in Service of Life s Goals

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF IREDELL FILE NO. 07 CRS 61136,

Frank Abagnale By CommonLit Staff 2015

CHAPTER II BIOGRAPHY OF THE AUTHOR AND SYNOPSIS OF THE STORY

Case 5:17-cr DAE Document 441 Filed 08/01/18 Page 1 of 10 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Keith Simons. Wealth Advisor First Vice President Portfolio Manager

Session 4 - Unbundled Legal Services: The Business Perspective

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DATE FILED: I N D I C T M E N T COUNTS ONE THROUGH THIRTY-NINE

Fraud Risks in Higher Education - March 2019

Question and Response Guide to Issuing Certified Copies of Vital Records

Client s Statement of Rights & Responsibilities*

Dear Friends, December, 2018

deal done. Here folks get to do that first deal with help. Attend an introduction meeting to see if we can help.

mew Doc 766 Filed 06/23/17 Entered 06/23/17 16:16:24 Main Document Pg 1 of 3

IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH. Case No. COMPLAINT

Your 12 Step Guide to Future Financial Freedom

The Witness Charter - Looking after Witnesses

Brian S. Cromwell Partner, Charlotte Office Development Partner

Daniel E. Turner. Focus Areas. Overview

Last week a long-time friend asked what type of law I practice. I was surprised that he didn t know what I do for a

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

For Official Use Only Application Number. Application for Antigua and Barbuda Passport for Applicants Under 16 Years Form M. Surname: First Name:

BEFORE THE SCHOOL IN THE MATTER OF

The Margolin/ Worth Group at Morgan Stanley Smith Barney

c» BALANCE C:» Financially Empowering You Money Management Podcast [Music plays] Katie:

PROGRAM ANNOUNCEMENT. The Advocacy Institute Is Pleased to Present NOTICE REGARDING COURSE MATERIALS

2018 SCHOLARSHIP APPLICATION

IELTS Speaking Part 2 Topics (September December 2017) Latest Update

Marilyn J. Black. Financial Planning Specialist Associate Vice President Financial Advisor

Case 1:12-cv JD Document 37 Filed 07/16/13 Page 1 of 6 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

INVESTIGATOR GERARD J. MATHESON, SHIELD # 130, of the Office of the

Lesson 2: What is the Mary Kay Way?

The Kaser Mechling Group at Morgan Stanley Smith Barney

Appointment of an agent form

Politicians: Donald Trump

LIPP Program Guidelines

Post Citadel Transition. How to prepare for life after The Citadel

APPLICATION NUMBER SEX M F HEIGHT (FEET) (INCHES) SIGNATURE DO NOT WRITE OUTSIDE THE BOX COUNTRY OF RESIDENCE. Name change Expired passport

Chris Bridges. Financial Advisor

Case 2:12-cr MSD-DEM Document 95 Filed 04/04/13 Page 1 of 9 PageID# 511

"Financing for Your Startup You Got to Tell a Story

ETHICS. ACFE Tampa Bay Chapter 13th Annual Fraud & Computer Crimes Seminar May 10-11, CPE Hours

Michael Barna Financial Advisor You Have Worked Hard To Build Wealth In Life.

This is an oral history interview conducted on May. 16th of 2003, conducted in Armonk, New York, with Uchinaga-san

The Park Bay Group at Morgan Stanley Smith Barney

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO

What is the Law of Attraction?

UNITED STATES DISTRICT COURT

NYC Birth Certificate Correction Checklist

HANDOUT 3: Edwin and the Slashed Tires-Community Justice Conference

Tracy McMillan on The Person You Really Need To Marry (Full Transcript)

Trainers Change stories

IN THE VANDERBURGH CIRCUIT COURT

Case 3:07-cr KC Document 574 Filed 01/12/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS. Case No.

ALAN G. HEVESI, : Defendant. : DEPUTY CHIEF INVESTIGATOR GREGORY J. STASIUK of the Office of

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA AFFIDAVIT IN SUPPORT OF ARREST WARRANT

The Bahbah Group at Morgan Stanley Smith Barney

Pro Bono Publico Awards

For The Center on Wrongful Convictions Steve Drizin For Katten Muchin Rosenman LLP

OTB Paperwork Check List

LLM COVER LETTER SAMPLES

MINUTES OF MEETING. May 18, 2016

which all children and young people have the skills, knowledge and confidence to manage their money well, now and in the future.

BEMPSEY G. CO, being duly sworn, deposes and says that he is a Special Agent with the Federal Bureau of Investigation, and charges as follows:

Robert Campbell. R. & W. Campbell

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ) ) ) ) ) ) ) ) ) )

Advisors: How To Talk to Clients about Estate Planning?

Psychiatric Patient Advocate Office

IN THE MATTER OF THE SECURITIES ACT R.S.O. 1990, c.s.5, as amended. - and - IN THE MATTER OF KEVIN WARREN ZIETSOFF

Contract of Agreement for Cultural Exchange Between Au Pair and Host Family Employer in Sweden

Violent Video Games First Amendment United States Constitution

Robert McCormick was the editor and publisher of the Chicago Tribune Newspaper from 1911-

KRYPTONITE AUTHORIZED ONLINE SELLER APPLICATION AND AGREEMENT Effective: January 1, 2018

THE NEW YORK BAR FOUNDATION 2016 The Honorable Judith S. Kaye Commercial and Federal Litigation Scholarship

Task Forces Private/Public Sector Partnerships

BEFORE THE CORPORATION COMMISSION OF THE STATE OF FULCRUM EXPLORATION, L.L.C. POOLING REPORT OF THE ADMINISTRATIVE LAW JUDGE

New York Bar admission (or eligibility to obtain admission promptly) is required.

DEVELOPMENT AUTHORITIES

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

MARCHBANKS V. MCCULLOUGH, 1942-NMSC-066, 47 N.M. 13, 132 P.2d 426 (S. Ct. 1942) MARCHBANKS vs. McCULLOUGH

PART VII Pre-Test. 1 Complete the conversation by writing the words that you hear.

Women Inspire. #RHWomenInspire. (Image reference: A23 Staff and students at Royal Holloway College, 1888)

Filling out a form quiz

S17Y1593. IN THE MATTER OF JOHN F. MEYERS. This disciplinary matter is before the Court on the report of the Review

Thank you for investing in our students and their futures. the College Foundation at Delhi, Inc.

Case5:11-cv LHK Document1082 Filed05/08/15 Page1 of 5

Leasehold Management Service Standards

MEMORIAL JOHN ELLIOTT TAPPAN

United States Small Business Administration Office of Hearings and Appeals

now! Comments from Kreps Clients 888.KREPS.LAW Aggressive Traffic and DUI Defense Attorneys Staff on Duty 24 Hours a Day

Transcription:

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION UNITED STATES OF AMERICA ) ) v. ) CRIMINAL ACTION NO.: ) EMILY FU ) 2:18-CR-0023-RWS-JCF ) DEFENDANT S SENTENCING MEMORANDUM COMES NOW, Emily Fu, by and through undersigned counsel, and hereby files this Sentencing Memorandum to assist the Court in fashioning a reasonable sentence in this matter. Defendant will briefly review her background, the crimes, and what has happened since the crimes were discovered. Ms. Fu will then go over sentencing options. DEFENDANT S BACKGROUND As shown in the Presentence Investigation Report ( PSR ), Emily Fu is now 58 years old. Her life story is both common, yet somewhat unusual. As developed in the PSR, Ms. Fu s father is Chinese. Her father was around 10 when an uncle took Ms. Fu s father to Indonesia. With little education, Ms. Fu s father prospered in Indonesia as a merchant and businessman. As a teenager, Ms. Fu s passion was playing classical piano. She dreamed of coming to study and then perform in the United States. She got part of her dream, for while still a teenager

her family allowed her to move to Atlanta, where an older sibling had relocated. The PSR also shows that Ms. Fu enrolled in a local college, where she met her husband, Daniel Fu. They are now in their 39 th year of marriage and have two sons. All three men, her husband and two sons, will attend the sentencing hearing. The PSR also shows that Ms. Fu has lived an exemplary life, until the crimes in this case. She came to the United States and created a new life for herself. She got married and had a family. She became a United States citizen. She got involved in many real estate ventures and organizations. She has lived the modest life of a working woman devoted to her family. Her sons graduated and moved out of the home. Then, everything crashed to the ground when she abandoned her values and tried to protect her reputation. THE CRIMES Defendant pled guilty to mail fraud. In essence, Ms. Fu defrauded a series of Chinese-based investors who wanted to make money in the Atlanta commercial real estate market. As shown in the PSR, Ms. Fu helped investors get connected with various shopping centers and business properties. However, as also shown in the PSR, she siphoned off investor funds in several ways: by taking out secret loans on properties that the investors had purchased with cash, by telling investors that the purchase 2

prices were higher than the actual price, and by using investor funds for unauthorized purposes. Pursuant to her plea agreement, Ms. Fu agreed to a financial deposition. During that deposition, Ms. Fu explained how an otherwise honorable businesswoman go to the point where she defrauded her investors. She got involved in a bad business deal in mainland China. She felt honor-bound to follow through on her promises in that transaction and borrowed money from a wealthy acquaintance named Nina Xu. To pay back Ms. Xu, Defendant committed the crimes to which she pled guilty and for which she will be sentenced. In her deposition, Ms. Fu explained that the transfers of funds out of the various accounts can be traced to Nina Xu. Ms. Fu does not have the investor s money. AFTER THE CRIMES Th PSR also shows how the scheme unraveled in the Fall of 2017 when investors and staff noted a request for a loan repayment on a property that investors had obtained with cash. Some investors confronted Ms. Fu, who partially confessed to what she had done. Ms. Fu promised to help the investors understand what she had done, but she then panicked. Instead of meeting with the investors as she had promised, she flew to Central America. During her recent deposition, Ms. Fu explained that she contemplated suicide while in Central America but decided to return and face the charges. 3

Almost immediately after Ms. Fu returned to the United States, she authorized undersigned counsel to contact the Government. In between Christmas 2017 and New Year s 2018, Ms. Fu surrendered her passport to counsel, who immediately offered to turn it over to the United States. Eventually, the parties agreed to resolve the matter with the mail fraud charge outlined in the PSR. Both sides will recommend that the Court consider an additional one-level downward variance. This joint recommendation is because Ms. Fu s actions since she decided to live and not commit suicide, and since she decided to return and face the music, all saved significant resources for the Government in what would have otherwise been a highly complex investigation and prosecution. The PSR also details what Ms. Fu has done in the past year since returning from Central America. She took a job driving for two ride-sharing services, Uber and Lyft. She works many hours to try to pay expenses. She discovered that an earlier real estate venture had a retirement account in her name and has offered this relatively small amount of money (approximately $40,000) as a payment toward her huge restitution obligation. As noted above, Ms. Fu also agreed to a financial deposition. She explained, under oath, what happened to the 4

money and that she does not have any of it nor has she secreted the funds in other locations. Ms. Fu also will speak directly to any victim who decides to attend her sentencing hearing. She is a woman born and raised in a culture that greatly respects honor. She is now a broken woman, but even in her reduced state, she intends to directly address her victims to express her sorrow and remorse. SENTENCING OPTIONS The PSR recommends a Guideline range of 78-97 months. If the Court grants the joint request for a one-level downward variance, the range would be 70-87 months in custody. Emily Fu lived a good and decent life until she committed the crimes for which she will be sentenced. She is now a broken human being, because her sense of honor and obligation led her to use the victim s money to repay her own debt. All financial crimes are serious, and the amounts involved here are larger than some cases. However, there does not seem to be evidence that the crimes were designed to personally enrich Ms. Fu or her family. The victims have every right to seek justice, but this case is a bit different than cases where the Defendant used victim money to fund a high-end lifestyle. Defendant asks that the Court consider all these factors when determining a reasonable sentence for Emily Fu. (signature on following page) 5

DATED: This 3 rd day of December, 2018. /s/ Paul S. Kish PAUL S. KISH Georgia State Bar No. 424277 ATTORNEY FOR EMILY FU Kish Law LLC 225 Peachtree Street, N.E. 1700 South Tower Atlanta, GA 30303 404-207-1338; Fax 404-207-1339 paul@kishlawllc.com 6

CERTIFICATE OF SERVICE This is to certify that I have this day served a copy of the foregoing filing into this District s ECF System, which will automatically forward a copy to counsel of record in this matter. DATED: This 3 rd day of December, 2018. /s/ Paul S. Kish PAUL S. KISH Georgia State Bar No. 424277 ATTORNEY FOR EMILY FU Kish Law LLC 225 Peachtree Street, N.E. 1700 South Tower Atlanta, GA 30303 404-207-1338; Fax 404-207-1339 paul@kishlawllc.com 7