UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, Case No: 2:15-cr-20382

-v- Honorable Victoria Roberts

Magistrate Judge Elizabeth Stafford

D-1 PAUL NICOLETTI,

Defendant.

Craig Weier

United States Attorneys Office

Assistant United States Attorney

211 West Fort Street, Suite 2001

Detroit, Michigan 48226

(313) 226-9678

Craig.Weier@usdoj.gov

Paul J. Stablein

Paul Stablein, PLLC

Attorney for Defendant

380 North Old Woodward Ave 

Ste 320

Birmingham, Michigan 48009

(248) 540-1600

PaulStablein@StableinLaw.com

MOTION TO AMEND 

ORDER OF RESTITUTION

NOW COMES the Defendant, Paul Nicoletti, by and through his attorney, 

Paul Stablein, and moves this Honorable Court to amend the Court’s February 3, 

2020, restitution order, and in support of said motion, states as follows:

1. Mr. Nicoletti was convicted of one count of conspiracy to commit bank 

fraud and three counts of bank fraud following a jury trial that concluded on May 7, 

2019. 

Case 2:15-cr-20382-VAR-MKM ECF No. 174 filed 03/17/20 PageID.2770 Page 1 of 6
2

2. He had been charged by way of a grand jury indictment entered on June 

23, 2015. 

3. On January 30, 2020, this Honorable Court sentenced Mr. Nicoletti to 

a term of incarceration of 70 months and further ordered that her pay restitution in 

the amount of $5,479,151.58.

4. The judgement of sentence (Doc. # 168) further ordered that Mr. 

Nicoletti was to pay the restitution as follows: “Lump sum payments of 

$5,479,151.58 (Special Assessment & Restitution) due immediately, balance due.” 

Mr. Nicoletti has no ability to pay the restitution as ordered by the Court. As the 

result of his conviction, Mr. Nicoletti’s license to practice law was suspended by the 

State Bar of Michigan. 

5. On March 16, 2020, the Attorney Grievance Commission filed with the 

Michigan Attorney Discipline Board the docket entries and judgment of sentence 

from the within case, seeking an order to show cause why a final order of discipline 

should not be entered and setting the matter for a hearing before a panel of the board. 

A copy of the Notice of Filing of a Judgment of Conviction is attached hereto as 

Exhibit A. On information and belief, the Grievance Administrator will seek to 

permanently disbar Mr. Nicoletti from practicing law in the State of Michigan. 

6. The United States Probation Department prepared a Presentence 

Investigation Report in which Agent Glaros stated, “The Defendant may have the 

Case 2:15-cr-20382-VAR-MKM ECF No. 174 filed 03/17/20 PageID.2771 Page 2 of 6
3

ability to make nominal monthly payments toward restitution if ordered.” See Page 

11, Paragraph 45 of the Presentence Investigation Report. The report also informed 

the Court that Mr. Nicoletti, working as a tow truck driver, earned $420.00 per week

at the time of his sentencing.

7. Mr. Nicoletti cannot make a payment of a lump sum immediate 

payment of $5,479,151.58. His inability to make such a large payment will 

undoubtedly put him in the position of being unable to comply with this Court’s 

judgment, and places him in the position of necessarily violating the conditions the 

Court has placed upon him as conditions of his supervised release.

8. The Court should also take note that none of the other defendants in this 

matter were ordered to make immediate lump sum payments. Copies of the 

judgments of sentence of defendants Hogan, Hance, Flynn and Lucia are attached 

hereto as Exhibit B.

9. 18 U.S.C. § 3664(f)(3)(B) authorizes a sentencing court to order the 

payment of nominal periodic payments “if the court finds from facts on the record 

that the economic circumstances of the defendant do not allow the payment of any 

amount of a restitution order, and do not allow for the payment of the full amount of 

a restitution order in the foreseeable future under any reasonable schedule of 

payments.” Those circumstances the Court is to take into consideration include “(A) 

the financial resources and other assets of the defendant, including whether any of 

Case 2:15-cr-20382-VAR-MKM ECF No. 174 filed 03/17/20 PageID.2772 Page 3 of 6
4

these assets are jointly controlled; (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)(2).

10. Mr. Nicoletti’s financial resources are minimal. He earns $420.00 per 

week, and will not, within the next six years, be able to earn anything. His projected 

earnings following his release from prison at age 67 will in all likelihood not amount 

to much more. He will not, in the foreseeable future, be able to pay $5,479,151.58, 

let alone make such a payment in one lump sum immediately.

WHEREFORE, Mr. Nicoletti requests that this court amend the order of 

restitution allowing for the payment of nominal payments as authorized by § 3664.

Respectfully submitted,

/s/Paul Stablein

Paul J. Stablein (P42544)

Paul Stablein, PLLC

Attorney for Defendant Paul Nicoletti

380 North Old Woodward Ave., Suite 320

Birmingham, Michigan 48009

(248) 540-1600

PaulStablein@StableinLaw.com

Dated: March 17, 2020

Case 2:15-cr-20382-VAR-MKM ECF No. 174 filed 03/17/20 PageID.2773 Page 4 of 6
5

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, Case No: 2:15-cr-20382

-v- Honorable Victoria Roberts

Magistrate Judge Elizabeth Stafford

D-1 PAUL NICOLETTI,

Defendant.

Craig Weier

United States Attorneys Office

Assistant United States Attorney

211 West Fort Street, Suite 2001

Detroit, Michigan 48226

(313) 226-9678

Craig.Weier@usdoj.gov

Paul J. Stablein

Paul Stablein, PLLC

Attorney for Defendant

380 North Old Woodward Ave 

Ste 320

Birmingham, Michigan 48009

(248) 540-1600

PaulStablein@StableinLaw.com

BRIEF IN SUPPORT OF DEFENDANT’S 

MOTION TO AMEND ORDER OF RESTITUTION

As and for his Brief in Support of the above-captioned motion, Mr. Nicoletti 

incorporates those statements of fact and conclusions of law set forth in his 

concurrently filed motion as if the same were more fully set forth herein.

WHEREFORE, Mr. Nicoletti requests that this court amend the order of 

restitution allowing for the payment of nominal payments as authorized by § 3664.

Respectfully submitted,

Case 2:15-cr-20382-VAR-MKM ECF No. 174 filed 03/17/20 PageID.2774 Page 5 of 6
6

/s/Paul Stablein

Paul Stablein

Attorney for Mr. Nicoletti

DATED: March 17, 2020

Case 2:15-cr-20382-VAR-MKM ECF No. 174 filed 03/17/20 PageID.2775 Page 6 of 6