Judge Kimba Wood
Petitioner Capozzi, found guilty of conspiracy to commit wire fraud and wire fraud in connection with a Ponzi scheme, moved to modify his supervised release restitution conditions. He argued that he should be relieved of his restitution obligations in light of a forfeiture order the court imposed against codefendant Mintus. Capozzi argued his economic circumstances have changed materially since sentencing because of financial obligations to his son, who was born with Down Syndrome. He also contended the restitution order is void because the payment schedule was determined more than 90 days after he was sentenced. The court denied the motion, noting that Mintus died in prison after paying only $25 in restitution. The court disagreed with Capozzi’s argument that another codefendant (Kummerfeld) was not ordered to pay restitution is evidence that the government received all the restitution owing from the Ponzi scheme. Kummerfeld was not charged because she had no assets and had a reduced mental capacity that rendered her incapable of earning income. Court determined Capozzi had not shown his financial situation has changed such that he cannot pay 15 percent of his gross monthly income toward restitution.
