United States v. Hesham Ismail, 219 F.3d 76 (2d Cir. 2000). · Go Syfert
United States v. Hesham Ismail, 219 F.3d 76 (2d Cir. 2000). Cases Citing This Book View Copy Cite
27 citation events (26 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Anderson (ca2, 2025-12-10)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Anderson
2d Cir. · 2025 · confidence medium
We have emphasized that restitution orders require a “delicate balancing of diverse, sometimes incomparable factors” and “the sentencing court is in the best position to engage in such balancing.” United States v. Ismail, 219 F.3d 76, 78 (2d Cir. 2000) (internal quotation marks and citation omitted).
cited Cited as authority (rule) United States v. Faibish
2d Cir. · 2019 · confidence medium
“Review of restitution orders is extremely deferential.” United States v. Ismail, 219 F.3d 76, 78 (2d Cir. 2000) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Schwamborn
2d Cir. · 2012 · confidence medium
We review an order of restitution deferentially because determining the appropriate amount of restitution “requires a delicate balancing of diverse, sometimes incomparable factors.” United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000) (quoting United States v. Atkinson, 788 F.2d 900, 902 (2d Cir.1986)).
discussed Cited as authority (rule) United States v. Dolan (2×)
10th Cir. · 2009 · confidence medium
But the limited nature of our appellate inquiry becomes sensible when considered in light of the MVRA’s purpose of ensuring maximum restitution to victims; its requirement that restitution awards take account of the defendant’s future earning potential, 18 U.S.C. § 3664 (f)(2)(B), an exercise that necessarily involves the district court in “a delicate balancing of diverse, sometimes incomparable factors, some which not only lack certainty but may indeed be based on mere probabilities, expectations, guesswork, even a ‘hunch,’ ” United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000)…
discussed Cited as authority (rule) United States v. Dolan (2×)
10th Cir. · 2009 · confidence medium
But the limited nature of our appellate inquiry becomes sensible when considered in light of the MVRA’s purpose of ensuring maximum restitution to victims; its requirement that restitution awards take account of the defendant’s future earning potential, 18 U.S.C. § 3664 (f)(2)(B), an exercise that necessarily involves the district court in “a delicate balancing of diverse, sometimes incomparable factors, some which not only lack certainty but may indeed be based on mere probabilities, expectations, guesswork, even a ‘hunch,’” United States v. Ismail, 219 F.3d 76, 78 (2d Cir. 2000)…
cited Cited as authority (rule) United States v. Lin Guang, Shi Yong Wei
2d Cir. · 2007 · confidence medium
United States v. Ismail, 219 F.3d 76, 78 (2d Cir. 2000).
cited Cited as authority (rule) United States v. Lin Guang
2d Cir. · 2007 · confidence medium
United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000).
discussed Cited as authority (rule) United States v. Garcia
2d Cir. · 2006 · confidence medium
In consideration of the record and the nature of the crime of conviction, we conclude that it was not an abuse of discretion, see United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000) (conditions of supervised release reviewed for abuse of discretion), for the District Court to impose a financial monitoring condition on defendant, even if that condition persisted following her completion of her restitution obligation.
discussed Cited as authority (rule) United States v. Bernard Jaffe, Jr.
2d Cir. · 2005 · confidence medium
As we stated in United States v. Ismail: Because a restitution order requires a delicate balancing of diverse, sometimes incomparable factors, ... the sentencing court is in the best position to engage in such balancing, and its restitution order will not be disturbed absent abuse of discretion. [I]t makes little sense for an appellate court, significantly more removed from the case than the district court, to scrutinize the decision closely. 219 F.3d 76, 78 (2d Cir.2000) (per curiam) (second alteration in original) (internal quotation marks and citations omitted). a) MVRA and Brenda Jaffe The…
cited Cited as authority (rule) United States v. Kenneth Avery Brown
2d Cir. · 2005 · confidence medium
United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000) (per curiam).
discussed Cited as authority (rule) United States v. Fiore
2d Cir. · 2004 · confidence medium
Although most of the offensive conduct in this case preceded the MVRA's effective date, the required factors that must be considered before imposing restitution are the same as those contained in the MVRA's predecessor, 18 U.S.C. § 3664 (a), Kinlock, 174 F.3d at 299 -300 n. 2; United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000); United States v. Jacques, 321 F.3d 255, 260 (2d Cir.2003), and therefore no ex post facto issue arises.
discussed Cited as authority (rule) United States v. Fiore
2d Cir. · 2004 · confidence medium
Although most of the offensive conduct in this case preceded the MVRA's effective date, the required factors that must be considered before imposing restitution are the same as those contained in the MVRA's predecessor, 18 U.S.C. § 3664 (a), Kinlock, 174 F.3d at 299 -300 n. 2; United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000); United States v. Jacques, 321 F.3d 255, 260 (2d Cir.2003), and therefore no ex post facto issue arises.
cited Cited as authority (rule) United States v. David Corbett
2d Cir. · 2004 · confidence medium
United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000).
discussed Cited as authority (rule) United States v. Nelson Walker, AKA \Steve Wilson
unknown court · 2003 · confidence medium
See, e.g., United States v. Harris, 302 F.3d 72, 75 (2d Cir.2002); United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000); United States v. Kinlock, 174 F.3d 297, 299-300 (2d Cir.1999) (declining to decide whether case arose under MVRA or the prior law).
discussed Cited as authority (rule) United States v. Lino (2×) also: Cited "see"
unknown court · 2003 · confidence medium
United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000).
discussed Cited as authority (rule) United States v. Lino (2×) also: Cited "see"
unknown court · 2003 · confidence medium
United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000).
discussed Cited as authority (rule) United States v. Nancy Jacques
2d Cir. · 2003 · confidence medium
We have explained that, because a restitution order requires a balancing of what may be incompatible factors, “the sentencing court is in the best position to engage in such balancing, and its restitution order will not be disturbed absent abuse of discretion.” United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000) (per curiam).
discussed Cited as authority (rule) United States v. Cummings
S.D.N.Y. · 2002 · confidence medium
As an initial matter, then, and absent an indication that the different statutory provisions serve different purposes, id., the term “offense against property” used in Section 3663A(c)(l) to describe the Title 18 offenses for which restitution is mandatory should also mean an offense against “tangible property.” 8 Although the Second Circuit has apparently not yet defined the term “offense against property” contained in Section 3663A, it has applied Section 3663A — and thus found that restitution was mandatory for convictions of the following Title 18 offenses: in United States v…
discussed Cited "see" United States v. Donaghy
E.D.N.Y · 2008 · signal: see · confidence high
Thus, “[e]ven an indigent defendant may be subject to the duty to pay restitution when and if funds are eventually acquired.” [Porter II ], 90 F.3d at 70 ; see United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000) (per curiam) (present indigency not a barrier to restitution order where future earning power exists).
discussed Cited "see" United States v. Luiz Ben Zvi (2×)
2d Cir. · 2001 · signal: see · confidence high
Thus, "[e]ven an indigent defendant may be subject to the duty to pay restitution when and if funds are eventually acquired." Porter, 90 F.3d at 70 ; see United States v. Ismail, 219 F.3d 76, 78 (2d Cir. 2000) (per curiam) (present indigency not a barrier to restitution order where future earning power exists).
discussed Cited "see, e.g." United States Department of Justice v. Daniel Chapter One
D.C. Cir. · 2016 · signal: see also · confidence medium
P. 61 (“At every stage of the proceeding, the court must disregard all errors and defects that do not affect any party’s substantial rights.”); see also, e.g., United States v. Ismail, 219 F.3d 76, 78 (2d Cir. 2000) (district court’s citation to the wrong restitution statute in criminal case was insufficient to overturn restitution schedule on appeal because the district court had “thoroughly considered the factors it was required to consider before imposing restitution and the payment schedule”).
discussed Cited "see, e.g." United States v. Nachamie
S.D.N.Y. · 2000 · signal: see also · confidence medium
In setting the payment schedules, however, a court must look to the following factors: (A) the financial resources and other assets of the defendant, ...; (B) projected earnings and other income of the defendant; and (C) any financial obligations of the defendant!),] including obligations to dependents. 18 U.S.C. § 3664 (f)(1)(B)(2); see also United States v. Ismail, 219 F.3d 76, 78 (2d Cir.2000).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Hesham ISMAIL, Defendant-Appellant
1999.
Court of Appeals for the Second Circuit.
May 23, 2000.
219 F.3d 76
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.
Feinberg, Parker, Per Curiam, Straub.
Cited by 23 opinions  |  Published
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.[*77] 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 Ismail had embezzled money. On March 2,1999, Ismail made written confessions to bank security personnel and to agents of the Federal Bureau of Investigation (“FBI”), which led to his arrest later that month.

On June 14, 1999, without a plea agreement, Ismail pleaded guilty to a one-count information charging him with bank embezzlement, in violation of 18 U.S.C. § 656. Following the guilty plea, the Probation Office prepared a Presentence Investigation Report (the “PSR”), which calculated Ismail’s offense level at 14 and his Guidelines range at 15-21 months’ imprisonment. The PSR also recommended that Ismail be ordered to pay restitution in the amount of $153,743.28, the remaining amount owed to Citibank after the $14,089.01 he had already repaid. The PSR recommended that payment of restitution be a condition of supervised release, but did not recommend a payment schedule. The PSR contained detailed information on Ismail’s family situation, educational background, vocational skills, employment history, and financial circumstances.

On November 22, 1999, the court held a sentencing hearing and sentenced Ismail. Ismail did not object to the factual findings in the PSR and the district court adopted them. Ismail objected to several of the PSR recommendations with regard to his offense level. The district court rejected his arguments; he does not appeal on any of those grounds. Ismail did not object to the PSR recommendation that he be required to pay full restitution, because full restitution is mandated by statute. See Mandatory Victims Restitution Act (“MVRA”), 18 U.S.C. §§ 3663A & 3664(f)(1).

After some discussion, the court ultimately ordered Ismail to pay the full amount of restitution, payable to Citibank, without interest, over five years of supervised release on a monthly schedule of even installments calculated by dividing the total amount of restitution by 60 months. In “imposing the restitution requirement,” the court stated that it:

considered the factors set forth in 18 U.S.C. § 3663(a)(l)(B)(i) ... as well as the recommendation of the probation department. Specifically, I have considered the amount of loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant, and the defendant’s dependents, and such other factors as I have deemed appropriate.

The court also made payment of restitution a condition of supervised release.

[*78] In imposing this payment schedule, the district court also considered, and rejected, the payment schedule proposed by the defendant. Ismail offered to pay 10% of his monthly net earnings, with the understanding that such payments would be subject to civil collection efforts following his supervised release if full restitution was not made by that time. The government stated that it had no objection to Ismail’s proposal. Although the court rejected Ismail’s plan, it did not state on the record its reasons for doing so.

On appeal, Ismail argues that the district court misunderstood its obligations under the law, as evidenced by its citation to the wrong restitution provision, and therefore did not fulfill its obligation under the MVRA to consider the statutory factors such as his financial situation in imposing the restitution payment schedule. Although it is true that when stating that it had considered the statutory factors, the district court mistakenly cited the general restitution statute, see 18 U.S.C. § 3663(a)(1)(B)(i) (listing factors to be considered in determining whether to impose restitution), this Court has held that “the factors are the same in either case.” United States v. Kinlock, 174 F.3d 297, 299 n. 2 (2d Cir.1999) (comparing 18 U.S.C. § 3663 with § 3664). Citation to the wrong statutory provision therefore does not change the fact that the district court thoroughly considered the factors it was required to consider before imposing restitution and the payment schedule. Here, the court specifically stated, in the face of counsel’s objection and suggested payment schedule, that it had considered the relevant factors and was imposing the restitution schedule as planned.

Ismail argues in the alternative that the district court abused its discretion by imposing an unrealistic, unreasonable, and onerous payment schedule and an unreasonable, improper condition of supervised .release. Ismail argues that as an indigent defendant, with limited earning potential, he will not be able to comply with this schedule and meet his family’s basic needs. This argument is countered by the government’s reference to Ismail’s MBA, his spouse’s potential earnings, his business background, and his own pre-paid phone card business which appeared at sentencing to have some future earnings potential.

The propriety of the payment schedule imposed is reviewed for abuse of discretion, United States v. Porter, 90 F.3d 64, 68 (2d Cir.1996), as is the propriety of a condition of supervised release, United States v. Abrar, 58 F.3d 43, 47 (2d Cir.1995). The standard of review is “extremely deferential.” United States v. Giwah, 84 F.3d 109, 114 (2d Cir.1996). Because a restitution order

requires a delicate balancing of diverse, sometimes incomparable factors, some of which not only lack certainty but may indeed be based on mere probabilities, expectations, guesswork, even a “hunch,” the sentencing court is in the best position to engage in such balancing, and its restitution order will not be disturbed absent abuse of discretion.

United States v. Atkinson, 788 F.2d 900, 902 (2d Cir.1986). “[I]t makes little sense for an appellate court, significantly more removed from the case than the district court, to scrutinize the decision closely.” Porter, 90 F.3d at 68. Upon review, we find that the district court was within its discretion in ordering Ismail to make full restitution by the end of his five years of supervised release. [1]

[*79] Accordingly, the judgement of the district court is affirmed.

1

. The Legal Aid Society, counsel for Ismail in this case, informed us that in situations involving indigent defendants; the usual practice is to impose a payment plan that is "expressed as a percentage of the defendant's income.” Kinlock, 174 F.3d at 301. Where the government states that it has no objection to such a plan, but the sentencing court nevertheless imposes a different type of plan, it would be helpful to this Court on review, albeit not mandatory, for the sentencing court to indicate why a percentage-payment plan is unsatisfactory.