United States v. Bagdy, No. 13-2975 (3d Cir. 2014)
Annotate this CaseBagdy pled guilty to wire fraud, having embezzled hundreds of thousands of dollars from a family-owned business for which he was a consultant. The court sentenced him to 36 months’ imprisonment and ordered restitution of $566,115.57. As a condition of supervised release, Bagdy was to “make periodic payments of at least ten percent of his gross monthly income… in such amounts and at such times as directed by his probation officer.” Bagdy was required to “provide his probation officer with access to any requested financial information.” He began supervised release in July 2011. In March 2012, Bagdy reported that he had received $409,799.13 in inheritance from his aunt. Bagdy consulted with his probation officer and paid $41,000 toward restitution, claiming that this reflected 10 percent of his monthly income as required by the judgment. The government moved to modify the order of restitution (18 U.S.C. 3664(k)). Although no agreement was reached at a meeting, Bagdy contributed $60,000 more toward restitution and remained in communication with the government regarding possible settlement. Bagdy obtained five extensions of time to respond to the motion. At a December 2012 hearing, the government informed the court that Bagdy had inherited an additional $25,000 that it previously was unaware of and that Bagdy had spent all but about $52,000. The court modified Bagdy’s conditions of supervised release conditions to order payment of the remaining $52,000. Bagdy’s counsel did not object. The court then revoked his supervised release. The Third Circuit vacated and remanded for determination of whether Bagdy violated any other conditions. While his conduct was “reprehensible,” it did not violate a specific condition of supervised release.
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