Case 1:14-cr-00247-SJ Document 39 Filed 03/11/15 Page 1 of 2 PageID #: 346

U.S. Department of Justice

United States Attorney

Eastern District of New York
PT:RLC:MMS
F. #2013R01359

271 Cadman Plaza East

Brooklyn, New York 11201

March 11, 2015

By Hand and ECF
The Honorable Sterling Johnson, Jr.
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201
Re:

United States v. Diana Durand

Criminal Docket No. 14-247 (SJ)

Dear Judge Johnson:

On September 3, 2014 the defendant Diana Durand pleaded guilty to Count
Two of the above-captioned indictment charging a violation of Title 2, United States Code,
Section 441f. The defendants sentencing is scheduled for March 17, 2015. The government
respectfully submits this letter in response to the defendants sentencing submissions dated
February 9, 2015 and March 10, 2015. In those letters, the defendant seeks a probationary
sentence and the imposition of a fine of no more than $31,800. Consistent with the plea
agreement entered into by the parties pursuant to Federal Rule of Criminal Procedure
11(c)(1)(B), the government does not oppose the defendants request for a probationary
sentence or a fine of no more than $31,800.
The defendants conviction stems from her payment of campaign contributions
through other individuals to two separate campaign committees during 2009 and 2010. See
Presentence Investigation Report (PSR) 11-16. At the defendants urging, straw
donors made campaign contributions to these campaign committees, and then the defendant
provided the funds or reimbursed the individuals for making these campaign contributions.
At the time the contributions were made, Durand was aware that the law limited how much
money she could lawfully donate to the campaign committees. See PSR 10.
The Probation Department has determined that the defendant=s total offense
level is 10 and that her Criminal History Category is I, resulting in an advisory Guidelines
sentence range of 6 to 12 months. PSR & 59. However, because the defendants applicable

Case 1:14-cr-00247-SJ Document 39 Filed 03/11/15 Page 2 of 2 PageID #: 347

Guidelines range falls within Zone B, the Court may impose a sentence of probation
consistent with the Guidelines.
Notably, it appears that the defendant did not solicit campaign contributions
prior to her commission of the subject offense and that the motivating factor to commit the
offense related to the defendants personal relationship with one of the candidates. The
defendant has otherwise led a law abiding life. Accordingly, the government does not
oppose the defendants requests for a probationary sentence or a fine of no more than
$31,800.
Respectfully submitted,
LORETTA E. LYNCH
United States Attorney
By:

cc:

Clerk of the Court (SJ) (by ECF)

Stuart Kaplan, Esq. (by ECF)
Joseph Sconzo, Esq. (by ECF)

/s/ Marisa Megur Seifan

Marisa Megur Seifan
Robert L. Capers
Assistant U.S. Attorneys
(718) 254-6008/6346