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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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