| Man Who Defrauded Rwanda
Genocide Victim Gets 63 Months Two Days To
Clean Apartment
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 25 – A woman who survived
the Rwanda genocide by hiding
in a bathroom was defrauded
out of her life savings of
$150,000.
On August 25 the
fraudster, Parfait Mutimura,
was sentenced to 63 months in
prison to begin immediately.
Then he was given
two more days free, to wind up
his affairs. Inner City Press
live tweeted it:
Here in the U.S.
District Court for the
Southern District of New York
there's to be a 5 pm
sentencing of an investment
adviser who fleeced Rwanda
genocide survivors. The US
Attorney's Office is
withholding nine exhibits in
full. Inner City Press has
inquired...
The defendant
Parfait Mutimura was arrested
in August 2019, then released
on $150,000 bond. A
"protective order" to withhold
information was entered in
October.
In February 2020,
just before COVID hit NYC, he
changed his plea to Guilty The
US Attorney's submission
withheld nine exhibits in
full.
Inner City
Press has written to the
Court, cc-ing the AUSA &
Mutimura's Federal Defender,
urging that "the redacted
exhibits be made available to
the maximum extent possible,
consistent with the
law."
Now Judge Lorna
G. Schofield starts up: "My
question is to Mr. Mutimura,
have you discussed the
pre-sentence report with your
lawyer?"
Mutimura: I have,
your Honor. Judge Schofield:
The report will be made part
of the record, under
seal.
Judge Schofield:
The sentencing guideline is 63
to 78 months. Would the
Government like to be
heard?
AUSA Jun Xiang:
We are seeking a top of the
guidelines sentence. This is
about a cruel withholding of
information including from
Victim-1, Immaculee
Ilibagiza.
AUSA Xiang:
Ilibagiza's family was killed
in the Rwanda genocide. The
defendant stole her money. He
took it out in cash, in
thousand dollar increments. He
used it to pay for his rent
and wedding and luxury goods.
$5000 at the Apple Store.
AUSA Xiang: Then
he forged years of account
statements in PhotoShop. We
have submitted text messages
as part of our sentencing
submission... This defendant
will be tempted to continue
with these crimes. He worked
on Wall Street, with fake
profiles
Victim-2, in the
portion of the US' submission
that is *not* withheld, is
Assemblies of God Rev. Ronald
Thorington, who was robbed of
$150,000 & has so far
gotten back only $1000. He
wrote, "I appreciate anything
the Court can do to address
this when sentencing."
Federal
Defender: OK, he invested
aggressively. He couldn't pay
his rent. So he took money
from his clients. It's bad
conduct. But he wasn't using
their shared history with
genocide to target her. He
thought the market would go
up.
Federal
Defender: Then he went "to
Africa for business. He has to
work to pay them back. He
can't do it working at
McDonald's." He hoped he could
pay them back. Obviously, that
didn't happen. He was arrested
when he flew back to
America.
Federal Defender:
He is allowed to work on Wall
Street. He just can't have
people's identifying
information, social security
number or fingerprints. He is
in an advisory role. But
sending Mr Mutimura to prison
won't deter him more than the
fear he has lived with.
Federal Defender: I am asking
for a sentence of time served.
Judge
Schofield: Is Victim-1 going
to speak?
AUSA: Yes. But
first let me respond. It would
be ironic if you could stay
out of jail based on having
stole more so you can only pay
it back if you stay out.
AUSA is
reading out one of Mutimura's
texts. Are these the ones
withheld in the record? waiver
AUSA: When he was
saying he just wanted to pay
back, he spent 1000s at the
Apple Store.
Immaculee
Ilibagiza: I come from Rwanda.
In the genocide I lost my mom
& dad. Immaculee
Ilibagiza: I resigned my job
at the United Nations. [Note:
UN's role in Rwanda genocide
was and is shameful, see here]
"When I met
Mutimura, introduced by a
cousin, he told me he survive
the genocide, he survived with
one sister, a twin.
Immaculee
Ilibagiza: We come from a tiny
country in Africa. I thought,
he will not take the chance to
go against the law. But then
he wouldn't give me the
password. He just showed me a
statement. Then banks told me
someone was applying for
credit cards in my name.
Immaculee
Ilibagiza: My relative went to
Mutimura's apartment &
found documents in my name. He
changed my address to his. He
stole all my money. I called
him & said, this is the
life of my children-
Judge Schofield:
It's getting late. I have a
lot of people here.
Judge
Schofield (softly) - If you
can wrap it up in a few
moments.
Immaculee
Ilibagiza: I don't
understand what to trust. For
the 1st time I fear, truly.
Judge Schofield:
Thank you for sharing. It is
important for the public to
understand this is an open
process.
Parfait Mutimura:
I hope I get a chance, I pray,
I am truly sorry.
Judge Schofield:
Is there any reason that
sentence should not be
imposed? The guideline is 63
to 78 months. I've read all
the materials. You spent about
a month in jail before being
freed on bail.
Judge Schofield:
You became a US citizen in
2011. You are attending
Fordham Law School now, "even
though you wouldn't be able to
be licensed as a lawyer." [Not
sure that's always the case.]
"This is a complicated
picture. There's some kind of
reality check missing
Judge Schofield:
You have somewhat grandiose
plans about what will happen
in the future. I think a
substantial sentence is
important, and supervised
release. Probation recommends
63 months. Mr Mutimura, I
sentence you to 63 months,
then three years of
supervision
Judge Schofield:
What are the parties'
positions on bail?
AUSA: Short
surrender date. Federal
Defender: It is taking the
Bureau of Prison a long
time. Judge Schofield: I
have the Marshals here. I had
not contemplated
self-surrender.
Judge
Schofield: Ms Willis, do you
have anything to say about
risk of flight?
Federal Defender
Jennifer Willis: He has not
fled in the past year.
Judge Schofield:
What are his bail conditions?
Willis: $150,000 bond, secured
by $25,000... Signed by
Mfizi
Judge Schofield:
Unfortunately I feel I must
order Mr. Mutibura taken into
custody immediately, due to
his overseas ties; the crime
itself involved a breach of
trust. [Who will tell Fordham
School of Law?]
Willis: A day or
two to secure his apartment?
He had not made any
arrangements. I was my
error. His estranged
wife lives in Texas.
AUSA Xiang: The
government does not object.
Judge
Schofield: Surrender on
Thursday before noon at 500
Pearl, 4th
floor.
Inner City
Press will continue to follow
this. The case is US v.
Mutimura,19-cr-592 (Schofield)
***
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