Case 0:08-cr-00364-RHK-AJB Document 370 Filed 01/25/10 Page 1 of 2

UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
Criminal No. 08-364 (RHK/AJB)

UNITED STATES OF AMERICA, )

)
Plaintiff, )
)
v. ) MOTION TO DEFER RESTITUTION
) UNTIL FOLLOWING SENTENCING
(1) THOMAS JOSEPH PETTERS, )
)
Defendant. )

The United States Attorney’s Office for the District of

Minnesota, by and through B. Todd Jones, United States Attorney,

and Joseph T. Dixon III, Assistant United States Attorney, hereby

files the following Motion To Defer Restitution Until Following

Sentencing.

The defendant was convicted by a jury on December 2, 2009.

The preparation of a Presentence Report is underway.

Pursuant to the Mandatory Victims Restitution Act, as part of

the criminal sentence, the defendant must be ordered to make

restitution to those persons who have been “directly and

proximately harmed” by the offense. 18 U.S.C. § 3663A.

Given the complexity, duration, and scope of the offense, the

identification of all victims and their respective losses is not

readily ascertainable. The Untied States Attorney’s Office and the

United States Probation Office is currently working to do so.

Pursuant to 18 U.S.C § 3664(d)(5), the United States

Attorney’s Office requests that the determination of restitution,

including the identification of victims and losses, be delayed for

 Case 0:08-cr-00364-RHK-AJB Document 370 Filed 01/25/10 Page 2 of 2

a period not to exceed 90 days following the sentencing in this

case. In this way, the government will have additional time to

identify victims and ascertain with specificity the amount of loss

that is compensable under the Mandatory Victims Restitution Act.

Deferring the issue of restitution will thereby allow the

sentencing hearing to go forward without undue delays.

Furthermore, deferring the issue of restitution will also narrow

the issues before the Court at the sentencing hearing and allow for

a separate and more efficient restitution hearing at a later date.

Accordingly, the government respectfully requests that the

Court defer the issue of restitution for a period not to exceed 90

days following the sentencing in this case. At such time as the

Court notices a date for the sentencing hearing, the government

requests that a restitution hearing be scheduled 60-90 days

following the sentencing hearing.

Date: January 25, 2010 Respectfully submitted,

B. TODD JONES
United States Attorney

s/ Joseph T. Dixon, III

BY: JOSEPH T. DIXON, III

Assistant U.S. Attorney
Attorney ID No. 0283903
United States Attorneys Office
600 U.S. Courthouse
300 South Fourth Street
Minneapolis, MN 55415

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